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1972-11-30 147 Regular Meeting November 30, 1972 Members PrSsent: Gerald B. olomon Sup @rvisor Lloyd Demboski Councilman Robert Barber Councilman Harold Robillard Councilman Gordon Streeter Councilman Harold Katz Town Counsel The meeting was opened at 8 :12 P.M. with a salute to the flag. The Supervisor greeted the following visitors: Karl Surprenant R. Case Prime Mr. and Mrs. Aronson John Austin, Jr. Georgr Liapes Harold Boynton Tom Flaherty Francis Fish Lee Barton Ted Turner Dan Silverstein Lee Coleman Mary Lou Quinn Jim Drexel Ed Waters Residents of the Bayberry Court area. The public hearing on the rezoning of the Aronson Farm on Bay Road from an R-4 to an R-5 was declared open at 8:12 P.M. Proof of advertising was shown by the Clerk. Speaking for the New Jersey developers interested in the purchase of the Aronson property to build high quality apartments was R. Case Prime. He presented a limite& outline of the type of construction and size and scope of the initial 100 units contemplated. He stated his clients chose this site because of the municipal water, the sufficient acreage, and that the area is a natural for the much needed apartments. These apartments would be geared closely to one bedroom apartments renting for about $200.00 and although- he did not wish to draw a_ parallel to the Regency Park apartments something of that type was conceived in the plans yet to be drawn up by the Crandell Achitects if the property was obtained. Mr. Prime stated that the buildings would be of masonry construction and would also have a central sewage plant. John Allen a nearby resident asked the board which would be more beneficial another apartment complex or individual homes? Mr. Solomon said it could be a money making plan if the small apartment complex was held to but otherwise large homes were more beneficial from a tax standpoint. John McNairy stated that no one could make a fair evaluation of the situation uhtil plans,maps and drawings of road maps had been done. Mr. Prime stated that the architects are ready to go ahead whenever the rezoning is approved. Ron Anderson whose property abuts the tract in question noted that because of the existing zoning he purchased where he did. He felt a low cost approach was underlying in the non-specific plan as verbally presented and stated he was opposed to the apartments going there. John Hughes, Builder and Developer of the Bayberry Court said he felt like the little man in an enveloping situation of out of state buyers and developers moving in the town to buy up and build in speedy succession, while he has always proceeded slowly and cautiously in keeping with the needs of the town. Charles Jarvis noted to the board that many ap;-artments in the town are still empty. Mr. David McMillan said he moved to this area because it was protected �- by zoning and that he would not have to worry about--.something moving next to hive. Several others spoke in disfavor. Mr. James Lichello stated that certain sections were zoned due to a complete study of the land and what it was best suited to. Constant changes in the zoning certainly constitute spot zoning which is what we hoped to avoid. Mrs. Nancy Dobert was concerned over the overflow drainage which would come from the apartments. Mr. Solomon commented that no decision would be made on this issue tonight. The board should meet with the Planning Board to discuss the issue further. The hearing was closed at 9:00 P.M. 48 The public hearing on the mobile home application of Kenneth Wilson opened at 9:00 P .M. Proof of advertising was shown by the Clerk There was no one to speak for or against the application. The hearing was closed at 9:02 P.M. Mr. Solomon asked for a three minute recess. The mobile home applications of Winston Tucker and Carl Caprood were tabled to the next meeting. RESOLUTION TO AUTHORIZE PUBLIC� HEARING - , RESOLUTION NO. 206, introduced by Mr. Robillard who moved its adoption;' seconded by Mr. Streeter. WHEREAS, William Smith has made application in accordance with -J paragraph 2 (c) Section 4 of an ordinance of the Town of Queensbury entitled ORDINANCE FOR THE REGULATION OF MOBILE HOMES AND MOBILE HOME COURTS IN THE TOWN OF QUEENSBURY, WARREN COUNTY, NEW YORK, to locate a mobile home at property situated at Rhode Island Ave. and WHEREAS, it is hereby determined that said application complies with the requirements of said ordinance, and WHEREAS, it is hereby determined that the facts presented in said application are. sufficient to justify further consideration by this board, therefore be it RESOLVED, that pursuant to the provisions of the above mentioned ordinance, the town board shall conduct a public hearing on said application on December 28, 1972 at 8:00 P.M. in the Queensbury Town Office Building, Bay Road and that the Town Clerk is hereby authorized and directed to give proper notice of said public hearing in accordance with the provisions of said ordinance. Duly adopted by the following vote: Ayes: Mr. Demboski, Mr. Barber, Mr. Robillard, Mr. . Streeter, Mr. Solomon. Noes: None. The mobile home application of Morgan Combs was tabled until the next meeting. RESOLUTION TO AUTHORIZE PERMIT TO SUBSTITUTE MOBILE HOME RESOLUTION NO. 207, introduced by Mr. Streeter who moved its adoption seconded by Mr. Demboski. WHEREAS, Mildred Evans has made application to this Board to substitute a mobile home at property situated at Route 9, Lake George Road 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 as above described is hereby approved and that the Building Inspector is hereby authorized and directed to issue the proper permit. Duly adopted by the following vote: Ayes: Mr. Demboski, Mr. Barber, Mr. Robillard, Mr. Streeter, Mr. �Solomon, Noes: None. Upon completion of the public hearing on the mobile home application of Kenneth Wilson it was decided to table a decision until another investigation could be made. An application from F. Karl Surprenant to rezone the property pf Emily Palmer to a C-3 was withdrawn. Mr. Surprenant in talking to the Building Inspector decided to apply for a variance- to the Zoning Board of Appeals instead. An application for rezoing of property in the area of Weeks Road and owned by Williaien Kostechko from a .0-1 to R-1 was tabled until the Board could meet with the Town Planning Board on the issue. RESOLUTION SETTING PUBLIC HEARING TO REZONE PROPERTIES OF DANA S. BRAY RESOLUTION NO. 208, introduced by Mr. Barber who moved its adoption seconded by Mr. Demboski. 1419 WHEREAS, application has been made by Dana S. Bray for rezoning of his property on the East side of Route 9 approximately 700 feet southerly from the intersection of Route 9 with the Farm to Market Road, Town of Queensbury from an R-3 to an R-5. A complete description is as follows: SCHEDULE A ALL THAT CERTAIN PIECE OR PARCEL OF LAND situate, lying and being in the Town of Queensbury, County of Warren and State of New York bounded and described as follows: BEGINNING in the center of the New York State Highway designated as U.S. Route 9, 349 feet North 34 degrees 04' East j_ from the lands now or formerly of Blanche Giles; thence South 84 degrees 16' East 1475.90 feet to a corner; thence South 56 degrees 36' East 13 feet to a corner; thence South 53 degrees 11' East 129.46 feet to a corner; thence South 43 degrees 28' East 105.25 feet to a corner; thence South 40 degrees 06' East 237.23 feet to a corner; thence North 84 degrees 16' West 19835Btfeet to the center of said highway; thence North 34 degrees 04' East 349 feet along the center of said highway to the point or place of beginning, containing 12.29 acres more or less. BEING a portion of premises described in a deed dated August 4, 1970 from Bray Oil Co. , Inc. to Dana S. Bray recorded in Warren County Clerk' s Office on August 6, 1970 in Book 524 of Deeds at page 410, and WHEREAS, the Zoning Ordinance of the Town of Queensbury, Section 11.100 and Sections 264 and 265 Article 16 Chapter 62 of the Consolidated laws of the State of New York provide that any proposed amendment or change in the Zoning Ordinance be referred to the Planning Board for a report thereon and a public hearing to be held thereon, and WHEREAS, the said application has been referred to the Planning Board and said planning board has rendered its report thereon to the Town Board, therefore be it RESOLVED, that a public hearing be held on such application be held by the Town Board on Thursday December 28, 1972 at 8:00 P.M. at the Town Office Building, Bay and Haviland Roads in the Town of Queensbury and that notice thereof be published at least ten (10) days in advance of such hearing in the official town newspapers. Duly adopted by the following vote: Ayes: Mr. Demboski, Mr. Barber, Mr. Robillard, Mr. Streeter, Mr. Solomon. Noes: None. The meeting was declared open to the public. James Drexel of the Queensbury Mountaineers Snowmobile Club asked the board to consider opening the Peggy Ann Road, Fuller Road and Aviation Road Extension for snowmobile use. Mr. Solomon said the board would check on various ordinances throughout the state to see how they are handling the situation. Francis Fish complained about the pothole situation in the town. The police report for the month of October was read and placed on file. The Supervisor read the following letter from the Queensbury Republican Committee: Town Board Members: This is to inform you that at a meeting of the Republican Committee { last Tuesday evening, November 28, 1972, John Austin is being recommended to fill the vacancy of Town Supervisor. Respectfully Joyce K. Garb, Secretary cc: John Bowman Queensbury Republican Committee Next was a discussion on a new dog ordinance for the Town of Queensbury. The public hearing was held on November 9 but a decision was not given. Councilman Robillard said this ordinance has been needed in the town for many years and would give the town power to act on nuisance cases, especially in the heavily populated sections of the town where numerous complaints have been generated. Supervisor Solomon said the board is accepting applications for Dog Warden. i5o r Lee Barton of Sunnyside North expressed concern over the language of the ordinance. Town Attorney, Harold Katz said the ordinance was written over a broad base because it is a control law and not a leash law. Dan Lewis wanted to go on record as being opposed to the ordinance because it could cause neighborhood arguments. Councilman Barber stated that at first he was against the ordinance but when it was explained to him about the menace some dogs have been to small children and the fact that it was not a leash law but a control law he stated that he was now in favor of the ordinance. Mr. Barton wanted to go on record in commending Mr. Solomon for the action he took on the Turkey situation in Washington Co. i RESOLUTION TO ESTABLISH AN ORDINANCE ENTITLED "AN ORDINANCE TO RESTRAIN THE RUNNING AT LARGE OF DOGS IN THE TOWN OF QUEENSBURY, NEW YORK, AND GENERALLY REGULATING DOG OWNERS' RESPONSIBILITIES" /,fo A RESOLUTION NO. 209, introduced by Mr. Robillard, who moved its adoption. Seconded by Mr. Streeter. WHEREAS, the Town Board deems it necessary to adopt the above listed ordinance and WHEREAS, a proposed ordinance was presented to the Town Board, and after due notice a public hearing was held thereon by the Town Board on the 9th day of November, 1972, at 8 :00 P.M. at the Town Office Building, Bay and Haviland Roads , Glens Falls, New York, and that the Town Clerk gave notice of such hearing by publication thereof in the official newspapers at the time when and the place where such hearing will be held and in . general terms describing said proposed ordinance, and --- WHEREAS, all persons were heard both in favor and opposed to, therefore be it RESOLVED, the above mentioned ordinance be adopted by the Town of Queens- bury as follows: SECTION 1. It shall be unlawful for any owner of, or any person harboring any dog in the Town of Queensbury, to permit or allow such dog to : A. Run at large unless said dog is restrained by an adequate collar and leash or unless accompanied by its owner or a responsible person able to con- trol the animal. For the purposes of this ordin- ance, a dog or dogs hunting in company with a hunter or hunters shall be considered as accom- panied by its owner. B. Engage in habitual loud howling or barking or to conduct itself in such a manner so as to habitually annoy any person other than the owner or person . harboring such dog. ' a C. Cause damage or destruction to property, or com- mit a nuisance upon the premises of a person other than the owner or person harboring such dog. D. Chase or otherwise harass any person in such manner as reasonable to cause intimidation or to put such person in reasonable apprehension of bodily harm or injury. E. Habitually chase or bark at motor vehicles . SECTION 2. Any unlicensed or untagged dog found to be run- ning at large in violation of Sec . 114 of the Agriculture and Markets Law shall be seized and such dog shall be properly fed and cared for until disposed of as provided by said Section 1140 SECTION 3. A dog warden to be designated by the Town Board as provided by Seca 119 of the Agriculture and Markets Law, may enforce the provisions of this ordinance and may also investigate and report to a Town Justice of the Town of Queensbury any danger- ous dog as described in Section 116 of the Agriculture and Markets Law, and to see that the order or orders of -the Town Justice in — such case are carried out. SECTION 4. Any person who observes a dog causing damage or destruction to property of a person other than its owner, or committing a nuisance upon the premises of a person other than its owner, may file a signed complaint , under oath, with a Town Justice of the Town of Queensbury specifying the objectionable conduct of the dog, the date thereof, the damage caused, a description of the dog and name and residence, if knnwo,, of the owner or other person harboring said dog. SECTION S. Upon receipt by the Town Justice of any complaint against the conduct of any perticular dog, the Town Justice may ,, f , V i summon the alleged owner or other person harboring said dog to r appear in person before him; if the summons is disregarded, the Justice may permit the filing of an information and issue a warrant for the arrest of such person. I SECTION 6. A violation of this ordinance shall be deemed an offense against the ordinance and an ti y person convicted. of violation ' after investigation and hearing shall be liable to a penalty of not more than $25.00 for each violation or to imprisonment in the County Jail for not more than 15 days. Each day the violation . , shall continue to exist shall constitute a separate violation. SECTION 7. This ordinance shall take effect on February 1, 1973 after its publication and posting as provided for by Sec. 133 of the Town Law. BY ORDER OF THE TOWN BOARD OF THE TOWN OF QUEENSBURY AYES: Mr. Demboski, Mr. Robillard, Mr. Barber, Mr. Streeter, Mr. Solomon. NOES: None. T _ m I t t { J y I i 11 u 1� RESOLUTION TO ESTABLISH QUEENSBURY LIGHTING DISTRICT /SO L RESOLUTION NO. 210 , introduced by Mr. Barber, who moved its adoption. Seconded by Mr. Robillard. IN THE MATTER OF THE ESTABLISHMENT OF QUEENSBURY LIGHTING Resolution of the Town DISTRICT IN THE TOWN OF QUEENSBURY, COUNTY Board Approving the OF WARREN AND STATE OF NEW YORK, PURSUANT Establishment of District TO ARTICLE 12-A OF THE TOWN LAW. Subject to Referendum. The Town Board of the Town of Queensbury , in the County of Warren and f State of New York, met in regular session at the Town Office Building on the 30th day of November, 1972 at 8:00 P .M. . The meeting was called to order by Supervisor Gerald B. Solomon, and the following were present, namely: Gerald B. Solomon, Supervisor; Harold E. Robillard, Councilman; Lloyd H. Demboski, Councilman; Robert Barber, Coun- cilmaN; Gordon S. Streeter, Councilman. The following resolution was moved , seconded and passed : WHEREAS, an order was duly adopM2by the Town Board of the Town of Queens bury on the 12th day of October; re6iting the boundaries of the proposed lighting district and specifying the 9th day of November, 1972 at 8:OOP.M. on that day as the time and the Town Office Building of the Town of Queensbury located in Queensbury, Newyork, as the place where the Town Board would meet to consider and hear all persons interested in the subject thereof concerning the same; and WHEREAS, such order was duly published and posted as required by law; and WHEREAS, a hearing was duly held by said Town Board on the 9th day of November, 1972 , beginning at 8:00 P .M. a t the Town Office Building of the Town of Queensbury, at Queensbury, New York, and full discussion of the matter having been had and all persons desiring to be heard having been duly heard; now upon the evidence given at such hearing, it was RESOLVED AND DETERMINED: A. That the notice of hearing was duly published and posted as requires by law and is otherwise sufficient. B. That all property and property owners within the proposed district are benefitted thereby. C. That all the property and property owners benefitted are included within the limits of the proposed district. D. That it is in the public interest to establish said lighting district; and be it further RESOLVED AND DETERMINED: That there be and hereby is established a lighting district as proposed; that the service therein mentioned be pro- vided for upon the required funds being made available or provided for; that such district shall be designated and known as the Queensbury Lighting District of the Town of Queensbury and shall be bounded and described as follows: av/ a ',qj . DESCRIPTION U,F' iJ.. 'ASPIU. Y LIGAVI`tG DIST&ICT D All that cartaic; trn�rt of land situate in the Town of (�ueensbury, 4arren County, i,. x". , more particularly bounded and described as follows.; �)c:}:.zat. on tine westerly corporation line of the . City of Glens Fa is where the extension e;istcrrly of the northerly bounds of Landes of St. i-phen, i'ysi.oc intersects the same, running from thence in a westerly direction to the northeasterly cor- ner of the said lands of ;:"hy;sioc aril c:onri nuln�;� the same course aloe; the northerly hounds thereof and tile northerly hcs�nds of l.int:1s of ilaul Fisher and Frederick A. iayner to a point ° in tine easterly bounds of lands of Charles Burnett; thence northerly alum; a portion of the easterly, bounds of the said 1 Inds of 3kirrtett to the northeasterly corner thereof; thence westerly ;along; the northerly bounds of the said lands of 3urnett to a point in the easterly Founds of lands of Kenneth a. Gnade; thence northerly along a portion of the. e.i terly bounds of the said lands of made: to the northeast-rly caroer thereof; thence -_ westerly along the northerly botanc'' s of the sai,i lands of ('T i nci the dad ul�. Sc 11" northerly bounds of lands of Abraham Abbott a.nr ?Ial.sey `,ul uricianA�ta��3 continuing the same course lqnr-Is caw x<.�,rl krei tier, crossin, Interstate Highway Route nuttibor ..1l tC) theµ vest,:or )' .) �I:1{i tacreof; thence northerly along; the wesL4rl.y bounds tlh,=�-eo.f, c ros:sin� Axon Road, iialfway Brook aril hill �o:-aci _,*Yti.-nsion to the noutherly bounds of lands of Niagara ioh, r'ow(� r t.t�r4,ox wti c:>n; thence nort`�erly along the same to the northeasterly corner of ti-te In goal sloe subdivision; thence westerly still aloe the southerly bounc's of the said lands of the. Aiagara Mohawk rower Corporation and t1-le northerly bounds of the Ingalsbe Subdivision to the most A.restarly corner of lot 13 thereof in the northeasterly bounds of pixon Aoad; thence northwesterly along the northeasterly boimt4ds of i::,�ra ,.c� :3, = r: s<si,�{y thc: said. lands of the yia-,ara l-lohaswk Power Corporation, Lk) the soutaviesterly carrier i of lands of - the Fulr. and Planer ,workers <tea l t:y t„ )x•irur.ittotc; thence running northerly along the westerly botincl: t hr. ,:ot the, the southwestarly Corner of lands of St:. Yiary' s Church o :sl��ns Fall,;; thence northerly t along the westerly bounds thereof the snuthea4;terIN, corner of lot one of Cottagge Hill Subdivisi.4�n; thence rtznni.n}* i�+ t :rly 4ilon the southerly bounds of the said lot once to the azist:e3rly bottncir of �.uttzc e bill &octal ; thence northwesterly, erossinr! Gotta �e ii.11 Auad to the sotctheasterly sorter 'of lot .mine of Cottage 1411 41�bdivisi.nn; thence westerly alone the southerly bounds of bats nine and ei.-Aiteen of ;.ot cage hill Subdiv- ision to the easterly bounds of Prospect Drive; thence southwesterly, crossing Prospect Drive to the soli heaste•riy c.ot-rn-_r of lot 27, Cottage �- ..Hilt 'Su division• thexr`e northwesterly along the south.,�e,sterly bounds of the said lot 7 to the southwesterly corner Lhereof in the easterly bounds of lands of the Town of 4ueensbury; thence southerly alone; the easterly bound,s 'of lands of the town of ;_�ueensbury to the southeasterly v k " z4 , t t aeusbury Lighting District 10112/72 ' corner thereof' , 'thence' westerly along the southerly bounds. of the said lands `of the 'Town of Queensbury to the southwesterly corner thereof; thence' northerly4long a portion of the westerly bounds of the said lands of the 'Town of queensbury to the southeasterly corner of lands now or formerly of Frank 6, Usie 'Stall; thence westerly along the southerly bounds of the said lands now or forrmerly of Stall to a point in the westerly bounds of Midnight ➢rive; thence northwesterly, crossing Midnight Drive, to the southeasterly corner of lot eight, Evergreen Development; thence westerly along the southerly bounds of lot eight and nine, ILvergreen Development, to the southwesterly corner of the said lot nine and being in the easterly bounds or lot 17; thence northerly along a portion of the westerly hounds of the said lot nine, being along a portion of the easterly bounds of the said lot 17, and the easterly bounds of lot 18, to the southeasterly corner of lot X1.9, Evergreen Development; thence westerly along the southerly bounds of the said lot 19 to rho easterly bounds of Poplar Lane; thence northwesterly, crossing Poplar Lane , to .a point in the westerly bounds thereof 'at the southeasterly corner of the lzncls nc�w or form erly of Alexander 1w. Burkieh; thence westerly along they southerly bounds of the said lands now or formerly of 3urkich, 148. 73 feet to the southwesterly corner thereof; thence northerly aloe,-, the westerly bounds of lands ,now or "formerly of Burki ch, to to point distant 150. 00 _ feet southerly from the southerly bounds of Aviation :load, ueasuring at right.`angl.es therefrom; ' thence westerly, iiarnllel to Aviation Road. , passing, through lands of Henry J. 5I.cAghr, crogsirip Dixon !toed .— and continuing westerly throug h lands of they City of U'len , Falls and at all', points 150000 feet ijistant southerly fro-Ii the southerly bounds of Ekviativn Roam, measurin ! at right angles nccret ,%r,, to the center of Potter itoad thence northeasterly in the canter of eotter rtoad, crossing Aviation Aoad and continuing norr..heaKterly in the center of ,iox Farm Road to a ;point in the southwesterly botincis of lands now or formerly of : arren County; thence northwesterly aloe, a portion of the southwesterly bounds of tile said panels now or formerly of .4arr(,n r - County., to the westerly corner thereof ice rite nort.hwepterly bounds of a ri;_,ht of way thi.xc�, -give £ceC is r �.�iLltii; thc�r�c-f: I;c�x•theaterly alc�raL; ft"quee'nsbury-,4ighting, District 1,0/12/72 thti {north ' westerly bounds of the said lands low or formerly of Warren County, following the northwesterly bounds of the said right of way, 486,57 fe_t to the northwesterly corner of the lands now or formerly of "barren 'County; thence easterly alone; the northerly bounds of the said lands;of Marren' County, to the northeasterly corner thereof; thence northerly along, a portion of the westerly bounds of lands of Union Free° School District, 99 feet to the northwesterly corner thereof; thence easterly along a portion of the said lands of Union' free School District 509;19 � feet to tho southwesterly corner of the lands of War- ren County; thence northerly along the said other lands of ,varren County, 1610. 88 feet to the nort.hwwsterly corner thereof; thence east- erly along the said northerly botinds thereof anr, continuing the same course easterly to the tenter of Intear,,�tate 111,.'-,biw y , xjte number 37; thence northerly in the center of the siaid highw,"iy to a i�oint in the southerly bounds of lands of tie 'omi of ,"ueens ury, Cush i'and 'tract, as the same was ori. i.nally' "locate—d lrrior i:*o coastructian of the said highway; thence easterly anti aor t lic rl y a l caig t he sot.a therl y `��.r..ind s of the said lands of the 'Town of tic,�yal4k��.i � to the center of N'e%,7 'York State Hi.,�h.4ay Route number 9; thertr.e norrhor. ly in the Center thereof to the intersection of the same with rho )ro jec.ti.on southek.? of the easterly bounds, of lands of ci:a~rel Tessino; thence northerly "-:long the said easterly, bound4s of the lands of Te ssino to cneti soutil%40,terly corner of a square ten 3Cre i�elT't 4 l o" t ;3 rat' in %i1cY tlt?rt`=147t'.sterl.y corner of lot 5) of t4ae first ::ulc,i ^,xa.siesta e� th�� tlt:e!asb-ury ilatent '-- -cis the sf1me is described in a 4:1C!ed fro-.0 Jame!;7 : , S' j.n,.,jk?toil, Acminist r.-,tor, to Helen z. tiley, I-v deCd ,s ate (I �X a.y 11 , 1. 3? , ret::'12"43ed In nll Aber 157 of deeds at pat c 75 in the ,.'arran i.,;o my �A crkl s Jffi.c.e,; the ica easterly alon the southerly bounds of til_l rcai: Len 1^re lot to the southeasterly corner thereof ; thence rnorthorl.y alotv), the ca'sterly bounds of th(> said parcel to Fine, nor. the..)s.terly cot rear thereof ir, the northerly bounds of lot, 59 of t~ie First: stiff ii3vlszatl e� ciE�ensbur5 thence' era kerly al;aatY the nort:'ac�rj homids of i::ar r_ i.r? lrov. 59 to the °h northeasterly corner thereof; tit ,.Mniic.o ­A-r.,.h ''rl ' z1 I t;1 ti' o Easterly bound,,s o: the said lot 51 to ela)+,'thtw`css .,,r rly o-E I.amis of ,+ �`r �y'.iy w'�' x v t,: t,.• ', e k r y'1 x 777 7777 4.T �1*6 t ueersbury Lighting District 771, Frank °J. Moore,. Jr. ; thence easterl y along, the northerly ..bounds of the sa id lands of Moore to the northeasterly corner thereof; thence easterly along the northerly bounds of lands zlow or 'formerly of''llubois to a point in th,e 'westerly bounds of lands of the Nia ara Mohawk Power Corporation; thence northea'sterly cro sin,- the said lands of the Niagara Mohawk Power Corporation to the westerly corner of lands now or fatmerly of Alexander ciirsch; thence easterly, southerly and easterly along the general southerly bounds of the said lands of Hirsch y~ to the southeasterly corner thereof; thence northerly along tie east- erly bounds of the said lands nma or formerly of aiirsch, bei.n,; along the westerly bounds of lot 45 of the t i.rsr subdIvIsion of the Town of Queensbury and a portion of the way �joil the bounds of lands of 9r•' 2c0aFD'� /" GPs to tt2 : northwesterly corner thereof; thence oz)st:erly along the northerly 'bounds of the said bands of �v�lses to an nim-,le point therein at the most northwesterly corner of Svan 'Ioad, thence southerly ra.lont, the westerly end of Swan 'Load to a Doi.nt in the canter t:hereoF; thence easterly in the center of Swan Roarl to the intersect:i.on ol:' t.,h sa,re with the 'center of Fit2:,erald ' aoa,e ; thence northerly enter of Fitzgerald ;toad to the' southerly bounds of lands .)f ;Co6ert thence easterly along the sour_ earl i)ot 2tic. r ;�f ci'lt s�f id l lr2cls of tO the s 01101onsterly corner hereof thence, northerly alnn� the easterly hound" thereo -and a »rtion of the easterly bounds of lands of the outhweeterly corner of thence easterly � . along the southerly, hounds of thz= sairl 1_a.ads of �/mss ,�� �/s •P���s�o>�e ' to the ' soIuthe�asterly corner thereof; tvh nce n(3rvh-., rlv along the easterly bounds thereof and the westerly bounds of: "HAS cF to the northwesterly corner of -<r 4,/e,.v, thence easterly alone the northerly bounds of tho said lands of to the center of Bay 'toad; thence FourCierly in rho :enter of 3ay ;toad to the, northwesterly corner of lands of the of ueen5hury; t1tence easterly "along the northerly bout7cis of -he 'qi2 1 -2f. s of the C7wn of l ,ueensbury to the northeas tax rl�' corner l"'ho vd?d)i s310 1 ? the northerly bound s of O� r c, an a n>l c} n da t n C in the property line; thencr_ nort,�ierl �21.�n, �<. />.stc�ri:y bouzel, of the .said lands of erg re-uAvr -7 s�,�R«�� � / t:0 r.;t,; nortrhwestc=rl L r � ' � nsbutgighCing' District 10/13/72 eQ, n�t x�e thevf thence easterly along the northerly bounds of lands of Co to the northeasterly corner thereof; thence southerly Are 5a c( along " tke easterly bounds of lands of (/—-eh e c to the south- ®ast*'rly corner of a portion hereof; thence westerly along a portion of thq southerly bounds off Lands of to an angle p o1At an' the property line thereof; thence southerly alon3 a portion t° of the easterly bounds of-lands of C. to the center of Haviland Road; thence easterly in the center of Haviland load to a point, where the center of Meadowbrook io ad extended northerly would in- tersect; thence southerly in the center of ►'feadowbrook itoad to the northwesterly corner of the lankis' of AV�i<s thence easterly along the northerly bounds of the said tanas of ��•�<5 `� �,�ss to. the northwesterly corner of Landis of loxe thence easterly along the northerly bounds of the said lands of to the southwesterly corner of the lands of A thence: easterly along the southerly b0t IId'3 Of : the lands of t2A; /?ode, A /Fe;,( to a corner thereof; r ` thence southerly along a portion of the easterly bounds of t:.hFy said l and iv: of �0. : X�' A + .4- A-,W to oa paint.- in (he westerly hounds of lot 29 of ;tolling &i.dc e Subdivisioisi at an oanc;la Joint in tile prop- arty line;'' thence northerly, easterly and southerly along the westerly, northerly and easterly baunds of the said Rolling Ridge Subdivision to the northeasterly corner of lot 5A there f; thence easterly along an extension of the northerly houn�4 of t. Of lot , , tea the center of Winroma Drive; thence southerly in the re nt er of �'incoma Drive to the center of ticl ;e :toad ; thence nort.h.e,;::.sterl ,, in the center of Udge A'oad to `the Zasterly bot.inris of ' Inc ].r�, _ ;wuei�rirt,tn.ery i'aterit; thence southerly along a portion of the easterly sounds of the said lot 13 and a portion of the easterly houncls of lot 14' , ',,i.teensbury Patent, to the northeasterly corner of bands now or. f,,rmez,ly L,f 3�t�taes .�. �ioughtull - thence westerly along the nort:horly hcmnct! nfl t ne s� i:i lands of hou-,hto n to the. northeasterly corner caf I. as '. of 4- ,4/,, 1v w x thence southwesterly along, the bo; nc'llt�. of land,,,, of _lawes 4. j_ .avp�L dy?, c�oSP��i -rC_ &er'iP cld Ake 5 4, 4?�ov�llO�Jl( /IaGC d dr G to an 'angle point in the -qc� of the s:A.ri lands of 5Sp& 11AWaA-1 i -n ICYhe i1+'lrt:he2rl,Y bt?ttn6 , of I rinds now or formerly of Otte A. twist; t1aoynce easrcrly aloq.:; the r►ortherly botitao1s f js iiG E 4i � } Y4�P K y ti Y 1 N d 0 4 1 • ! . 6 t s oenebury � ghting' District 10/13/72 ofh� said lan$s now or 'formerly 4f �uisr to the northeasterly' bounds thence` southerly 'alortl; the easterly bounds of the said lands nvw or formerly,'of �u1st to the southeasterly corner thereof; thence weetq�cly along a `portion , of the said l iuid s of qui st to the north- ea�terl ' corner ,of 'the 1. nds of /''r�r �rref Cr©��w�il thence r. y;a southerly•alon; the easterly bounds of the�lands of rro k It "'to, the southeasterly corner thereof; t lie nee westerly along A, portUw of the southerly bounds of to A point therein which would be intersected by the projecrion' northerly of 'the easterly, hounds of the corporation line of the �#ir.y of glens Falls; thence . eoutherl r to the ilc�rtiieasterly corner of the corporation line of'. the City of Glens Falls; thence westeriy alon the northerly corporAtian , Iine.'of the City of Glens rolls to the westerly i-)oulds Of Hay' :toad;; thenra northerly along the westerly hounds of Bay oad to tht: north- easterly, corner of Fort A:uhe r s t l.i ght t ng, District ; thence westerly, northerly; westerly, southerly and westerly along, the several couriies -� of the northerly bounds of Fort Aaaherst Lighting District, to the 'east s'I' bounds ' gf .Glen Street ; thence snut:hf�rly ,:al.on(, the westerly brauncis of, Glen ,Street to , the northerly c'orpor.i, i. :>ti I i 1-,,, 0 the- ,i ty gat Glens 1'1 y i t otv.: k,}Y c° r i*°'i F'c.wl z,,,or.- o f, c l,on lino of �he � City Of Glens al 1, s to the nort'ilwc.. 01 thence South erly al'on the wetcarl�� ' r.�'rl7caz r i , r� 1.i ?,,, ::+ tt; i t ,, �,f �:le:is Falls , ro the point and pl4: p of !)egA rini1rt -- DULY ADOPTED BY THE FOLLOWING VOTE: AYES.: Mr.. Aobillard, Mr. Demboski, Mr. Barber, Mr. Streeter, Mr. Solomon. NOES: None., The new lighting District will cost the taxpayers in the Special District about $2.54 a thousand of assessed valuation. RESOLUTION TO APPROPRIATE SURPLUS FUNDS IN THE GENERAL TOWN FUND FOR PAYMENT OF TOWN INDEBTEDNESS RESOLUTION NO. 211, introduced by' Mr. Solomon who moved its adoption seconded by Mr. Robillard. WHEREAS, there are available surplus funds not allocated in the General Town Fund of $77,913.99 and it has- been determined that these funds should be used to reduce the Town Indebtedness, therefore be it RESOLVED, that the sum of $18,133. 15 be appropriated in the General Town Fund as follows: A9740.6 $182000.00 A9740. 7 133.15 and be it further RESOLVED, that the sum of $8,891.32 be transferred to the PineView Cemetery Fund as follows: C9740.6 $89800.00 C9740. 7 91.32 and be it also further RESOLVED, that the sum of $50,889.52 be transferred to the Highway Fund as follows: DM 9740.6 $12,750.00 DM 9740. 7 292.17 DM 9730.6 369960.00 DM 9730. 7 887.35 Duly adopted by the following vote: Ayes: Mr. Demboski, Mr. Barber, Mr. Robillard, Mr. Streeter, Mr. Solomon Noes: None. RESOLUTION TO TRANSFER EEA FUNDS TO HIGHWAY AND QUEENSBURY WATER RESOLUTION NO. 212, introduced by Mr. Demboski who moved its adoption seconded by Mr. Streeter. WHEREAS, there are accumulated funds paid to the General Town Funs by the County of Warren for EEA services and WHEREAS, $908.91 was expended by the Highway Dept and $2,178.95 was expended by the Queensbury Water Dept. , therefore be it RESOLVED, that these amounts be transferred from the General Fund as follows: Highway DM 5130.1 Personal Services $816.36 DM 9030.8 Social Security 42.44 DM 9040.8 Compensation 20.41 DM 9060.8 Hospitalization 29.70 Queensbury Water SW1 8340.1 Personal Service $131982.30 SW1 9030.8 Social Security 103.12 SW1 9040.8 Compensation 39.65 SW1 9060.8 Hospitalization 53.88 and be it ' further RESOLVED, that these appropriations be increased by said amounts. Duly adopted by the following vote: Ayes: Mr. Demboski, Mr. Barber, Mr. Robillard, Mr. Streeter, Mr. Solomon. Noes: None. RESOLUTION TO APPROPRIATE SURPLUS FUNDS AND YEAR END BALANCES AND TRANSFER FUNDS WITHIN THE HIGHWAY ACCOUNT RESOLUTION NO. 213, introduced by Mr. Solomon who moved its adoption seconded by Mr. Streeter. WHEREAS, there remains surplus funds and unappropriated year end balances in the Highway Account therefore be it RESOLVED, that the following appropriations be made: Item I - $3,899.29 consisting of surplus unexpended balance of $1,245.80 and surplus of anticipated revenue of $2,653.49 be appropriated as follows: DR9030.8 - $645.13, DR5110.1 - $3,254.16 thereby increasing DR5110.1 from $62,440.00 to $65,694.16 and DR9030.8 from $3,454.88 to $4,100.01. Item III - Unappropriated surplus funds in the amount of $3,970.25 i 152 appropriated to DM5130.4 thereby increasing DM 5130.4 from $15 ,000.00 to $18,970.25. Item IV - Unappropriated year end balance and surplus funds in the amount of $1,248.00 be appropriated as follows: DS9040.8 - $418.48. The remainder of $829.52 transferred to Item I DR5110.1 thereby increasing DS9040.8 from $1,500.00 to $1,918.48 and DR5110.1 from $65,694.16 to $66,523.68 and be it further RESOLVED, that machine hire monies be transferred from DE Improvement to Item III as follows: $3,431.10, from DE5151.4 to Item III DM 5130.4 $1,007.90 from DE5150.4 to Item III DM5130.4 thereby increasing Item III DM 5130.4 from $18,970.25 to $23,409.25 Duly adopted by the following vote: Ayes: Mr. Demboski, Mr. Barber, Mr. Robillard, Mr. Streeter, Mr. Solom,_J Noes: None. RESOLUTION TO ADVERTISE FOR BIDS FOR A NEW CAR FOR THE BUILDING AND ZONING DEPARTMENT RESOLUTION NO. 214, introduced by Mr. Streeter who moved its adoption seconded by Mr. Demboski. WHEREAS, George Liapes, Building Inspector of the Town of Queensbury has recommended to the board that we purchase a new car, therefore be it RESOLVED, that the Town of Queensbury solicit sealed bids for the purchase of a new car and that the following notice be published once in the official town newspapers 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 a new car of a Chevrolet of- Plymouth class with one 1966 Plymouth Fury Sedan to be turned in for trade. 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 28th day of December, 1972 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 3 Building Inspector Car Bid 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 Towd Office Building at 8:00 P.M. on the 28th day of December, 1972 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. Demboski, Mr. Barber, Mr. Robillard, Mr. Streeter, Mr. Solomon. Noes: None. On motion the meeting was adjourned. Respectfully submitted, Donald A. Chase Town Clerk RESOLUTION TO ENTER INTO CONTRACT WITH THE COUNTY OF WARREN FOR THE, 158 REMOVAL OF JUNK CARS. RESOLUTION NO. 157, introduced by Mr. Demboski, who moved its adoption. Seconded by Mr. Streeter. WHEREAS, the Warren County Planning Committee has recommended to the Board of Supervisors that the County of Warren embark upon a program to clean up junk and abandoned automobiles, busesi. trucks and machinery, and WHEREAS, sealed bids were received by` the Warren County Purchasing Agent and Matt' s Car Crusher, Inc. of Caroga, New York submitted the low bid according to specifications, and WHEREAS, by resolution duly adopted by the Warren County Board of Super- visors on August 18, 1972, the Chairman of the Warren County Board of Supervisors or the Warren County Purchasing Agent were authorized to enter into a contract with said Matt' s Car Crusher, Inc. and to enter into an tgreement with the various towns located in Warren County desiring to participate, in the program to the extent of reimbursing the County of Warren for the cost of the program in each town , and WHEREAS, it is deemed in the best interests of the Town of Queensbury to participate in the program, Now,Therefore,Be It RESOLVED, that the Supervisor be and he hereby is authorized to execute and deliver a contract for participation in said program in form approved by Harold W. Katz, Esq. , counsel to the Town Board and upon such terms and conditions as are deemed acceptable by such Supervisor and set forth in a proposed contract between the said Matt' s Car Crusher, Inc. and the County of Warren. Duly adopted by the following vote; the 7th day of September, 1972: AYES: Mr. Demboski, Mr. Barber, Mr. Robillard, Mr. Streeter, Mr. Solomon. NOES: None. RESOLUTION OF THE TOWN OF QUEENSBURY AUTHORIZING THE ACQUISITION OF LAND FOR TOWN PURPOSES, APPROPRIATING $16,500 TO FINANCE THE COST OF SAID LAND, AND AUTHORIZING THE COST OF SAID LAND, AND AUTHORIZING THE ISSUANCE OF SERIAL BONDS OF THE TOWN OF QUEENSBURY IN THE,PRINCIPAL AMOUNT OF fi16,500 TO- FINANCE SAID APPROPRIATION. :ESOLUTION NO. 158, introduced by Mr. Streeter, who moved its adoption, iTteconded by Mr. Barber. WHEREAS, Section 64(2) of the Town Law authorizes the Town Board to acquire real property for town functions, and WHEREAS, the Town Board has determined that it would be in the best interests of the residents of the Town of Queensbury to acquire lands located in said town and more particularly described in SCHEDULE "A" Attached hereto and made a part hereof, and WHEREAS, the owners of said land have agreed to convey said land to the Town for the sum of SIXTEEN THOUSAND FIVE HUNDRED DOLLARS ($16,500) , and WHEREAS, said Town Board deems said price to be reasonable in the cir- cumstances, now, therefore, be it RESOLVED: SECTION 1. The acquisition for sanitary landfill purposes of the residents of the Town of Queensbury, of certain lands in said Town of Queensbury, County of Warren and State of New York-known and described in SCHEDULE "A" attached hereto and made a part hereof is hereby authorized. The-maximum cost of said specific object or purpose is $16,500.00 which is hereby-appropriated, the same to be financed by the issuance of serial bonds of said Town in the principal amount of $16,500.00 and the levy of a tax upon all the taxable real property in said Town to pay the principal ►f said bonds and the interest thereon, as the same shall become due. r SECTION 2. Serial bonds of the Town in the principal amount of X16,500.00 are hereby authorized to be issuedpursuant to the provisions of the Local Finance Law, constituting Chapter 33-a of the Consolidated Laws of the State of New York, as amended. SECTION 3. The following additional matters are hereby determined and state (a) The period of probable usefulness of the specific object or purpose for which the bonds authorized by this resolution are to be issued within the limitations of Sec. 11.00a. 31 (a) of said Local Finance Law, is thirty (30) #ears. (b) The proposed maturity of the bonds authorized by this resolution will exceed five (5) years. (c) No part of the costs of the said specific object or purpose authorized by this resolution has been or shall be specially assessed on property specially benefited thereby. Section 4. Each of the bonds authorized by this resolution and any notes issued in anticipation of the sale of such bonds s1al.l contain the recital of validity prescribed by Sec. 52.00 of said b6caliFinance Law and said bonds and any notes issued in anticipation thereof shall be general obligations of the Town of Queensbury, payable as to both principal and interest by general tax upon all the taxable real property within the Town without limitation as to rate or amount. The faith and credit of the Town are hereby irrevocably pledged to the punctual payment of the principal of and interest on said bonds and any notes issued in anticipation of said bonds, and provision shallbe made annually in the budgets of the Town by appropriation for (a) the amortization and redemption of the bonds and notes to mature in such year and (b) the payment of interest to be due and pay- able in such year. SECTION 5. Subject to the provisions mf this resolution and of said Local Finance Law and pursuant of the '�- p provisions of Sec. 30.00 relative to the authorization of the issuance of bond anticipation notes and of Sec. 50.00 and Sections 56.00 to 60.00 of said Law, the powers and duties of the Town Board relative to prescribing the terms, form and contents and as to the sale and issuance of the bonds hereby authorized and of any notes issued in anticipation of said bonds are hereby delegated to the Town Supervisor as the chief fiscal officer of the Town. SECTION 6. The validity of the bonds authorized by this resolution, and of any notes issued in anticipation of said bonds, may be contested only if,, (a) such obligations are authorized for an object or purpose for which the Town is not authorized to expend money., or (b) the provisions of law which should be compledwith at the date of the publication of such resolution, are not substantially complied with, and an action, suit or proceeding contesting such validity, is commenced within twenty days after the date of such publication, pr (c) such obligations are authorized in violation of the provisions of the constitution. SECTION 7. This resolution shall be ,,subject to a permissive referendum as provided in Section 209e of the Town haw. Duly adopted by the following vote this 7th day of September, 1972; AYES: Mr. Demboski, Mr. Barber, Mr. Robillard, Mr. Streeter, Mr. Solomon. NOES: None. Li SCHEDULE "A" All that certain piece or parcel of land, being a portion of the John Lawrence Patent, situated in the Town of Queensbury, County of Warren and State of New York, bounded and described as follows:BEGINNING at the southeast corner of the Lawrence Patent at a stone set in the ground for a corner and inscribed "Se CO Survey 1770 Lawrences 'Patent' , "thence north 85 degrees 12' 30" west 1151.95 feet to apoint; thence north 5 degrees 14' 50" east 418 feet to a point; thence north 85 degrees 12' 30" west 730 feet to a point; thence north 5 degrees 14' 50" east 423.22 feet to a point; thence south 85 degrees 51' east 1,881. 71 feet to a poont marked by a stone monument having the inscription "corner" on its west face; thence south 5 degrees 12' 50" west 862.22 feet to the point or place of beginning. Being the parcel designated " Lands of Torrington Construction Company, Inc." on a map entitled " Maps of Lands of Torrington Construction Company, Inc." prepared by Coulter and McCormack, Licensed Land Surveyors, dated February 3, 1972 and filed in the Warren County Clerk' s Office on the 24th day of February, 1972. E