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1972-03-09 Regular Meeting March 9, 1972 Members Pfesent: Gerald B. Solomon Supervisor Lloyd Demboski 'Councilman Robert Barber Councilman Harold Robillard Councilman Gordon Streeter I Councilman Harold Katz Town Counsel The meeting was opened at 8 :05 P.M. with a salute to the flag. Che following visitors were greeted y the Supervisor: Betty Monohan, LOWV Fran is Fish Carl Covell Michael and Dan Barber Gort Stockman Ed Waters Glen Caffry J. David Little Earl Ellsworth Kip Grant Mrs. , Orlie Gwinup Florence Mcllvaine Mr. Ostrander Otis' and John Bowman Mr. and Mrs Roberts Mary Lou Quinn Haro�d Boynton George Liapes Frank Gilheany JohniD. Austin, Jr. Ray Hoague Mr. Guglielmo Carl' Garb Tom Flaherty Dan Smith Mrs. !! Case Prime Harley Weller James Weller Paulne Tougas Mr and Mrs Harrington Warren Bennett Mr. Ind Mfs. Tom Shies John and Mrs. Franceti Ben Aronson The public hearing on the application of Carl Covell for a Revocable Permit for a Mobile Home was declared open. Proof of advertising was shown by the Clerk. Mr. Solomon asked Mr. Covell if he had anything to say on behalf of his application. He stated that he did not. The meeting was then opened to the public. No .was present to speak on behalf of the application at this time. Mr. Solomon opened the meeting up for anyone who wanted to speak against the application. Mr. Earl Ellsworth of Ridge Road asked for a review >f what has happened. He was under the impression that when he appeared last Ame in regard to a similar application from Mr. Covell for a 90 day permit ie thought this would be the end of it. Mr. Solomon read excerpts from the minute book of the December 2 meeting so as to bring Mr. Ellsworth up to date. Mr. Solomon explained that Mr. Covell has now applied for a Revocable Permit and that is why we are conducting this hearing.- Mr. Ellsworth asked what is the difference between a permit for permanent location and a Revocable Permit. Mr. Solomon explained that on a Revo able Permit that certain amendments can be placed on a Revocable permit stat ng that if these conditions changed in any way from the original applica ion the permit could be revoked. Mr. Streeter spoke out and informed Mr. Elliworth that on this permit if Mr. Covell ceased farming that this application would be revoked. Mr. Ellsworth stated that he still is opposed to the application, Mr. Covell does not plan to live in it himself. If there are any new facts presented maybe I will change my opinion, but as of now I art opposed. Mr. Caffry stated that he was here speaking for himself and without fee. He spoke out against the ordinance and the way it was drawn up. In his talk he related to a sequence of permits given to Mr. Covell since October of 1970. When he reapplied on both occasions he was clearly in vimlation of the ordinance by having the trailer on the propert after the permits ran out. He also noted that there was no date on the present application. Mr. Caffry asked that the hardship be clearly defined on the a placation. Richard Roberts a neighbor of Mr. C vell' s was next to speak. He stated that he was instrumental in Mr. Covell' s defeat at the last hearing, but new facts `-nave certainly changed his mind. Mr. Covell came to that meeting totally unprepared and was shot down by Mr. Caffry. He did not have his fair day in court. Like myself Carl is not good on his feet on this type of matter. Mr. Roberts said he spent 3 1/2 hours at the dining room table with Mr. Covell and that he had a good case even though he did not present it that way the night of the hearing. Mr. Covell looked for possible rentals with a prominent realtor but could not find anything close by. Mr. Roberts said as neighbors we should work together. Mr. Covell could probable sell his land for subdivisions but chose to remain at farming. On Mt. Covell' s hardship - Mr. Roberts stated 42 that our present Zoning ordinance is completely inadequate but it does state that we must show hardship. To build another home would be a hardship for him. I know I would rather repair a $5000 trailer than a 20,000 home. We should probable decide soon as to what will happen to Haviland road. I know there are some who would like to see it grow into subdivisions and there are some who would like to see a certain amount of the wide open spaces remain that way. It was very clear that Mr. Roberts was appearing in favor of the application. J. David Little remarked that the application does show hardship. If he has to move or relocate this trailer, this is a hardship. Mr. Little remarked about the distance the trailer was from the road. Mr. Covell also hired an appraiser and a letter was given to Mr. Little by Irene FitzGerald stating that the trailer in no way affected the resale value of any property in the neighborhood. The trailer was needed to keep capable farm help. Mr. Little stated that you are not setting a precedent, that this was a unique situation. Mr. Solomon stated that he was strongly in favor of the application. He remarked about new Federal and State laws in regard to zoning farm lands. Some Town Board have seen fit to zone these lands but this board has not done so. They feel this gives the farmer too much freedom as to what he could build and this could be very possibly a number of shacks. In driving the Haviland road the trailer can not be seen. He stated that Mr. Covell could probably sell his land off for subdivisions and become very wealthy but he has chosen to remain farming. Mr.- Solomon asked the board if they had any comment. The board at this time had no comment. Mr. Glen Caffry asked for the floor at this time. Hr remarked that because of a poor written ordinance it was putting neighbor against neighbor. Mr. Solomon replied that even -though the ordinance may be poorly written that it was as of tonight the law and we have to abide by it. J. David Little explained again how difficult it was to get farm help and in order to keep farm help you must maintain a residence for them. Mr. Solomon said that this board would consider the one trailer on this property only and if applications for more trailers were introduced they would be denied. In regard to farm land assessments these rates are set forth by the New York Stae Board of Equalization and Assessments and there is a difference between acreage and an improved lot. f the farmer had to pay the improved lot rate it would break him. The hearing was declared closed at 9:09 P.M. Mr. Robillard said the board would be wrong in granting this permit. Mobile homes do decrease the value of surrounding properties that is why we have the ordinancd. Mr. Robillard stated that he was against the application. Mr. Barber spoke and stated that he conducted a personal investigation into some farms in Washington County and that there is a definite need for farm help, however he is opposed to this application. He does not believe that if this application is turned down it would mean economic ruin for Mr. Covell. He does not feel that a case of hardship exists. Mr. Solomon read more passages from the minutes of December meeting explaining the procedures for a revocable permit. He remarked that the board has always taken a hard-nosed attitude on Mobile homes and that 90% of them are turned down. The ordinance is a discretionary matter in relation to this board. Mr. Demboski stated that even though he was in favor of the first application he would not be in favor of any extensions. After a number of phone calls both for and against the application he weighed the decision very carefully and decided to remain against the application. Mr. Robillard asked Mr. Little how far away he lived, Mr. Little answered a lot closer than Mr. Caffry does but that he also holds a binder on some property on Blind Rock Road. Mr. Little said there is a petition here on ' ,J behalf of Mr. Covell signed by his neighboring land owners. Mr. Streeter asked Mr. Caffry or Mr. Ellsworth if they were objecting to the principal of mobile homes or the relationship to the particular area in which they reside. Mr. Caffry replied that he was objecting to mobile homes in the area. If you allow one you put yourself in a box for another. Mr. Ellsworth' s comment was to try to insure that there would be no more mobile homes in the area. We must have better control on the placing of these homes. Mr. Solomon stated that at this time he would introduce a resolution to approve this application for a revocable permit with the stipulation that only one mobile home be located on this farm and if the circumstances of the nature of the business change that this application be revoked upon the AQ procedure as set forth by the Town Attorney in the minutes of February 17th on ten days notice. RESOLUTION TO AUTHORIZE REVOCABLE PERMIT RESOLUTION N0. 54, introduced by Mr. Solomon who moved its adoption seconded by Mr. Streeter. WHEREAS, Carl Covell of Haviland Road has made application in accordance with 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 T014N OF QUEENSBURY, WARREN COUNTY, NEW YORK to locate a mobile home outside of a duly licensed mobile home court at property situated at Haviland Road and --WHEREAS, this town board has conducted a public hearing in connection with said application and has heard all persons desiring to be heard iii favor of or against said application, and WHEREAS, it is hereby determined that the facts presented in said application and at said public hearing 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 permission is hereby granted to Carl Covell to locate a mobile home outside of a duly licensed mobile home court 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. Solomon. Noes : Mr. Demboski, Mr. Barber, Mr. Robillard, Mr. Streeter. The resolution fails. Mr. Solomon asked the board if they wanted to discuss the application any further. Mr. Robillard said it is now a dead issue. Mr. Solomon said we should have a resoldtibfi-�-K to disapprove. Mr. Solomon referred it to Town Counsel and he stated Mr, obillard- was right. The resolution was defeated. Mr. Barber related to Mr. Covell that if he had any new reasons why he should have the trailer located there he would be glad to listen to them. Mr. Covell stated that the board should have come over to his place and at least looked the situation over before making their decision. Mr. Katz stated the Building Inspector should notify Mr. Covell in writing and that he has 60 days to remove the trailer and the notice should be by personal service. The meeting was declared open to the public. James Weller of Farm to Market road presented the board a petition to the board protesting dumping of trees in the Glen Lake area. It was signed by 45 residents. He charged that the dumping was being carried out in violation of a town ordinance. He asked that it cease immediately and that no attempt to cover it be made until advice could be given by a consultant. The petition further asked that Councilman Barber because of his relationship to the parties involved disqualify himself from any board deliberations. The operation in question is being carried out by Sherwood Acres a project of the Barber Brothers Michael Barber maingained that the trees are in no way endangering the lake. His brother Daniel told of plans for completing the cover this summer and also added that he will continue to dump trees in the area. Hally Weller the petitioners father submitted a sketch of the area and photographs. The dispute seems to hinge on the definition of trash and fill. Supervisor Solomon referred the matter to Harold Katz, Town Counsel for a legal opinion. Councilman Barber stated that he had no financial interest in Sherwood Acres and intended ..,..to be objective. He stated that they were a very controversial family and he did not know what position he would take. When the time does come he will make a decision along with the board. Next ,a petition against the expansion of the Ridge Road landfill was presented to the board by Mrs. Pauline Tougas. The petition listed numerous hazards: Possible pollution of wells, depreciation of property values, litter from trucks, danger of fire and threats to wildlife. Mr. Solomon assured the audience that there would be many more opportunities to express their opinions.. More hearings will be held in the future. Complaints were registered by many residents of the area. There were reports of failure to cover trash, condition of road leading to the dump, and broken down machinery. 44 James Weller suggested that we improve on our handling of our present landfill before we undertake the operation of:abigger one. Mr. Solomon remarked that the board was fearful that the Stateof New York through the Environmental Facilities Corp. might come into the town and condemn an area to be used as a landfill. If this happens the- town will have no control. Former Councilman John D. Austin, Jr. stated it should be noted that engineers working on this survey took a serious and hard look at the property on Ridge Road and they rejected it out of hand as completely inadequate for any kind of joint landfill for Queensbury and Glens Falls. He said he was sorry that the information was being brought forward at this time and in this fashion to give the impression we've got to capitulate or we will have a dump where we don' t want it. Mr. Austin stated that his objection is that the board has come up with this concrete proposal for an area that engineers say is completely inadequate when in fact there is another site on the west side of town where three municipalities could have an operation. Solomon reiterated that the fear of state condemnation exists and the board must face it. Francis Fish asked about highway crews plowing private driveways. He mentioned a driveway next to the Ashton Ready Mix plant across from Mr. Garb, the highway Superintendent' s house. He also stated that uncovered trucks are still carrying trash. He reported seeing three trucks on the Cronin Road and after reporting same to the Town Police and the County Sheriff' s Dept, finally got results from the State police. Mr. Solomon said he would check on these matters. Mr. Harrington commented on the employees at the landfill not starting work until about 10:30 in the morning. Mrs. Gwinup asked the board if they were infavor of the dump being expanded. Mr. Solomon stated t1wt they certainly had no decision at this time. Mrs. Gwinup also commented about the many fires at the dump. Mrs. Tougas commented about the dump not being covered properly. It looks as though it was covered from the landfill view but from the Jenkinsville road it was plainly visible that it was not covered. Mrs. Tougas had pictures to prove her statements. Warren Bennett stated tta t they have cut down the trees along Jenkinsville road for firewood. Tom Shies said he thought the landfill should be separate from the highway department. Two men can take care of the dump without three of four men bossing him. Better equipment is needed. Machinery is broke down most of the time. Mrs. Shies suggested a fence along Jenkinsville road to hide the view of the dump. People have been seen throwing their trash over the bank from Jenkinsville road to the dump and a .fence will stop this. Ben Aronson asked why the city can not join with the Town of Moreau instead of Queensbury. Moreau is closer for dumping purposes. Mr. Solomon said it was unlikely that they would cross a county boundary. At this time a recess was called. The Town Clerk' s, Building Inspector and the Highway Dept report for February were placed on file in the Clerk' s office The Supervisor' s report for February showed Receipts $418,373. 52 Disbursements $207,6+5"49,30 A letter was received from Tom Flaherty of the Water Dept for permission for three members to attend the Adirondack Water Works Conference to be held in South Glens Falls on March 23, 1972. RESOLUTION TO AUTHORIZE ATTENDANCE AT CONFERENCE -- RESOLUTION NO.55_ introduced by Mr. Solomon who moved its adoption seconded by Mr. Robillard. RESOLVED that permission is hereby granted to three members of the Water Dept. to attend the meeting of the Adirondack Water Works Conference to be held in South Glens Falls, N.Y. on March 23, 1972 and that the actual and necessary expenses incurred in such attendance is a proper town charge. Duly adopted by the following vote: Ayes: Mr. Demboski, Mr. Barber, Mr. Robillard , Mr. Streeter, Mr. Solomon, Noes: None. RESOLUTION TO APPROPRIATE FUNDS FOR SEWER RESOLUTION NO. 56, introduced by Mr. Demboski who moved its adoption siconded by Mr. Barber. WHEREAS, Resolution No. 134 of June 10, 1971 appropriated $30,500.00 to A8030.4 Research to cover expenses of a sewer study and WHEREAS, the sum of $30, 129. 23 was expended during 1971, leaving a balance unexpended at the end of the year which now is in the unexpended year end balance, and not appropriated this year for sewer expenses, therefore be it RESOLVED, that the sum of $8,529.00 currently due and payable to Rist Frost Associates for the Sewer Study be transferred from the General Fund __ _ from year end surpluses to the Capital Fund , and be it further RESOLVED, that the General Fund be reimbursed when and if a Sewer District is established. F� Duly adopted by the following vote: Ayes: Mr. Demboski, Mr. Barber, Mr. Robillard, Mr. Streeter, Mr. Solomon Noes: None. RESOLUTION REGARDING PUBLIC OFFICIAL BONDS RESOLUTION NO. 57, introduced by Mr. Robillard who moved its adoption seconded by Mr. Barber RESOLVED,that bonds of the following town officers of the Town of Queensbury are hereby approved as to form, amount, sufficiency of surety and manner of execution, as follows : NUMBER SURETY PRINCIPAL AMOUNT BND 188 69 13 Continental Ins. James Patrick Dee $4,000. 00 and be it further RESOLVED, that the members of the Town Board sign a certificate to that effect upon each public official bond described. Duly adopted by the following vote: Ayes: Mr. Demboski, Mr. Barber, Mr. Robillard, Mr. Streeter, Mr. Solomon. Noes: None. RESOLUTION AUTHORIZING CLEANING OF TOWN WELLS RESOLUTION N0.,5 , introduced by Mr. Streeter who moved its adoption seconded by Mr. Robillard is not available at this time but will be forthcoming from Town Counsel Harold Katz and will be found on Page TO APPROVE AUDIT OF BILLS RESOLUTION NO. 59, introduced by Mr. Demboski who moved its adoption seconded by Mr. Robillard. RESOLVED, that the Audit of Bills as listed on Abstract No. 72-3 numbered 269 through 383 totaling $51,051.81 is hereby approved with the exception of Audit No. 364 for $64. 70 which is being removed changing the total to $501987. 11 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. Respectively submitted , Donald A. Chase, Town Clerk