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1972-06-22 ' 9 Regular Meeting June 22, 1972 Members Present: Lloyd Demboski Councilman Harold Robillard Councilman Robert Barber Councilman Harold Katz Town Counsel Supervisor, Gerald B. Solomon, and Councilman, Gordon Streeter were absent. The meeting was opened and chaired by Councilman Lloyd Demboski at 8:00 P.M. , with a salute to the flag. Councilman Demboski greeted the following guests: Dan Collins Lee Combs Mr. and Mrs. Stan Granger Ed Grant Genera Elmore Clifford Witham Robert Waters Mr. Swinton Jose Gonzalez Sharon Greene Ed Waters Joe Murphy Floyd Martindale Mrs. Henry Parry Gordon Hemmitt Alan Cederstrom Mr. and Mrs. Dean Teal William Bush Neil Breslin Francis Fish Dean Howland Robert Stutz Elliot Lawton Tom- Flaherty Members of the Lake George Park Commission were also present. First on the agenda was a public hearing on the mobile home application of Jose Gonzalez.' Proof of publication waal shown by the Clerk. No one spoke for or against the application. The hearing was closed at 8:02 P.M. RESOLUTION TO AUTHORIZE PERMIT FOR MOBILE HOME RESOLUTION NO. 109, introduced by Mr. Barber who moved its adoption seconded by Mr. Demboski. WHEREAS, Jose Gonzalez 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 TOWN OF QUEENSBURY, WARREN COUNTY, NEW YORK, to locate a mobile home at property situated at Corinth Road and Indiana Ave. and WHEREAS, this town board has conducted a public hearing in connection with said application and has heard all persons desiring to be heard in 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 given to Jose Gonzalez to locate a mobile home at Corinth Road and Indiana Ave 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. Demboski Noes: Mr. Robillard. Absent: Mr. Streeter, Mr. Solomon. Next was a public hearing on the mobile home application of Bernard Swinton. Proof of publication was shown by the Clerk. No one spoke for or against the application. The hearing opened at 8:03 P.M. and closed at 8:05 P.M. RESOLUTION TO AUTHORIZE PERMIT FOR MOBILE HOME RESOLUTION NO. 110, introduced by Mr. Robillard who moved its adoption seconded by Mr. Barber. WHEREAS, Bernard Swinton 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 TOWN OF QUEENSBURY WARREN COUNTY NEW YORK to locate a mobile home at property situated at Dawn Ave. and WHEREAS, this town board has conducted a public hearing in connection with said application and has heard all persons desiring to be heard in favor of or against said application, and 80 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 given to Bernard Swinton to locate a mobile home at property situated at Dawn Ave. and that the Building Inspector is hereby authorized and directed to issue such permit in accordance with the terms and cgnditions of said ordinance. - Duly adopted by the following vote: Ayes: Mr. Barber, Mr. Robillard, Mr. Demboski. Noes: None. Absent: Mr. Streeter, Mr. Solomon. A decision on the mobile home application of Gary and Sharon Greene, of which a public hearing was held on June 8, was tabled again until the July 13th meeting. Next the board entertained an application fora mobile home from Robert Waters to locate on Dawn Drive. Mr. Robillard moved that it be denied because- he was moving from another mobile home park. Mr. Demboski asked Mr. Robillard that because his resolution lacked a second he would like to move to table the application to look at the site again. Mr. Barber stated that we just passed an application for Mr. Swinton and he came from a out. bf town glso.: Mr Robillard agreed that he did come from out of town but not from a mobile home park. Mr. Barber said that he lives in the park with his brother. Mr. Robillard said `that on April 13 the Building Inspector stated that there was no hardship and now can this new application he states that there is a hardship. On this basis `I 'feel - that the application should be denied. Mr. Demboski said in order to get Mr. Robillard' s resolution moving he would second the resolution to disapprove. ° RESOLUTION TO DISAPPROVE APPLICATION FOR MOBILE HOME RESOLUTION NO. 111, introduced by Mr. Robillard who moved its adoption seconded by Mr. Demboski. WHEREAS, Robert Waters has made application to this board for a permit to locate a mobile home at property situated at Dawn Ave. 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 there was no hardship shown on the original application therefore be it further RESOLVED, that the application of Robert Waters be and is hereby disapproved and that the Town Clerk is hereby directed to notify him of the decision of this Board. Duly adopted by the following vote: Ayes: Mr. Robillard. Noes: Mr. Barber, Mr. Demboski. Absent: Mr. Streeter, Mr. Solomon. Mr. Demboski noted that the resolution to disapprove fails and at this point would suggest a resolution setting a public hearing. RESOLUTION TO AUTHORIZE PUBLIC HEARING RESOLUTION NO. 112, introduced by Mr. Demboski who moved its adoption seconded by Mr. Barber. WHEREAS, Robert Waters 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 TOWN OF QUEENSBURY WARREN COUNTY NEW YORK, to locate a mobile home at property situated at Dawn 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 July 13, 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. Barber, Mr. Demboski. Noes: Mr. Robillard.- Absent: Mr. Streeter, Mr. Solomon. RESOLUTION TO DISAPPROVE APPLICATION FOR MOBILE HOME RESOLUTION NO. 113, -introduced by Mr. Demboski whb moved its adoption seconded by Mr. Robillard. WHEREAS, Harold Hermance Jr. has made application to this Board for a permit to locate a Mobile home at property situated at Pasco Ave. and WHEREAS, upon prcp er- 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 there was no hardship shown on the original application therefore be it RESOLVED, that the application of Harold Hermance Jr. be and is hereby disapproved and that the Town Clerk is hereby directed to notify him of the decision of this Board. Duly adopted by the following vote: Ayes: Mr. Barber, Mr. Robillard, Mr. Demboski. Noes: None. Absent: Mr. Streeter, Mr. Solomon. The May report of the Water Dept. was read and placed on file. RESOLUTION TO NAME MEMBER TO THE BOARD OF CEMETERY COMMISSION RESOLUTION NO. 114, introduced by Mr. Robillard who moved its adoption seconded by Mr. Barber WHEREAS, Chapter 814 of the laws of 1948 provides that there shall be a Board of Cemetery Commissions of the Town of Queensbury to consist of three members appointed by the Town Board for three year terms to expire on June 30th of each year, and WHEREAS, it appears from the records that Roger U. Day was last appointed on November 11, 1971 to fill the unexpired term of Joseph F. Regan, Jr. said term to expire June 30, 1972, therefore be it RESOLVED, that Roger U. Day be and he hereby is reappointed a member of the Board of Cemetery Commissions of the Town of Queensbury for a term of three years, commencing as of Julyl, 1972 and expiring on June 30, 1975. Duly adopted by the following vote: - Ayes: Mr. Barber, Mr. Robillard, Mr. Demboski. Noes: None. Absent: Mr. Streeter, Mr. Solomon. RESOLUTION TO APPOINT INSPECTORS OF ELECTION RESOLUTION NO. 115, introduced by Mr. Barber who moved its adoption seconded by Mr. Robillard. WHEREAS, it is provided by Section #43 of the Election Law that Town Boards shall each year appoint Inspectors of Election who shall hold office for a term of one year from July 1st of that year, and WHEREAS, John L. Bowman, Chairman of the Queensbury Republican Committee and Jerry Greenberg, Chairman of the Queensbury 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 16 Election Districts to hold office until July 1st, 1973, to wit: REPUBLICAN Democratic Dist. 1 Florence Bovee Dist. 1 Helen Sullivan Gladys La Fountain Gertrude Wood Dist. 2 Ingebjorg Lembke Dist. 2 Helen McElroy Evelyn Bell Mildred Evans Dist. 3 Mary Martindale Dist. 3 Elva McDermott Susan Mellon Ann Dougher Dist. 4 Minnie Bidwell Dist. 4 Marjorie Gazely Elizabeth Ferris Mary Lou Harney 9 Dist. 5 Norma. Baertschi Dist. 5 Janet Nelson Adeline Scheidegger Carol Nelson Dist. 6 Virginia Prater Dist. 6 Elizabeth Moynihan Theresa Pizzuto Lucille Turner Dist. 7 Ethel Fowler Dist. 7 Dorothy Barker Grace Rawson Betty Lynch Dist. 8 Ruth Coclanis Dist. 8 Jean Sullivan Mary Kenney Elizabeth O'Connor Dist. 9 Eleanor Shaw Dist. 9 Lydia Greenberg Marianne Morrell Carol Minges Dist. 10 Betty Doner Dist. 10 Marjorie Bailey Lois Smith Betty Rowland j Dist. 11 Claire Blanchard Dist 11 Beatrice Chadwick Lois Kilburn Diane Malone Dist. 12 Jeraldine South Dist. 12 Julie Donnelly Margaret Wiles Suzanne Williams Dist. 13 Lillian Crannell Dist. 13 Sandra Casey Joyce Jones Genevieve Garrant Dist. 14 Louise Baltazar Dist. 14 Blanch DuBois Dorothy Holzhaur Elizabeth Hunt Dist. 15 Cecelia Lamphear Dist. 15 Marcia Aubin Elizabeth Scheerer Jeannette Radosta Dist. 16 Pauline Joslyn Dist. 16 Lorraine Springer Jean Moon Dorothy Baird and be it further RESOLVED, that the compensation of each inspector be and hereby is fixed at $20.00 per day for each registration, Election and Primary Day. Duly adopted by the following vote: Ayes: Mr. Barber, Mr. Robillard, Mr. Demboaki. Noes: None. Absent: Mr. Streeter, Mr. Solomon, RESOLUTION TO DESIGNATE POLLING PLACES IN THE TOWN OF QUEENSBURY RESOLUTION NO. 116, introduced by Mr. Robillard who moved its adoption seconded by Mr. Dem8oski. WHEREAS, Article 4 Section 66 of the Election Law provides that this board 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 hereby are designated as the respective polling places in the Districts as enumerated. District 1. South Queensbury Fire House 2. Oneida Grange Hall 3. Bay Ridge Fire House 4. North Queensbury Fire House 5. Warren County Municipal Center 6. Queensbury Junior High School (Middle School, First Door) 7. Queensbury Town Office Building 8. Queensbury Central Fire House 9. Queensbury Senior High School 10. Aviation Road Fire House 11. Queensbury Middle School 12. Kensington Road School (West Entrance) 13. West Glens Falls Community Chapel 14. West Glens Falls Fire House (West End) 15. West Glens Falls Fire House (East End) 16. West Mountain Sales RESOLVED, that pursuant to said Law a private building, namely the Oneida GrangeHall is so designated as the Polling Place for a district, namely District #2, in which a public building is situated, namely the Queensbury Town Hall for the reason that said public building is used as the Polling Place for another election district, namely Election District #7 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. Duly adopted by the following vote: Ayes: Mr. Barber, Mr. Robillard, Mr. Demboski. Noes: None. Absent: Mr. Streeter, Mr. Solomon. RESOLUTION TO AUTHORIZE PERMIT FOR CARNIVAL OPERATIONS RESOLUTION NO. 117, introduced by Mr. Robillard who moved its adoption seconded by Mr. Barber. RESOLVED, that permission is hereby granted to conduct a carnival operation as follows: Sponsor: West Glens Falls Fire Co. Carnival: Buck-Page Expositions, Inc. , 209 Shorecrest Dr. , Tampa, Florida. Place: Firemen' s Field, West Glens Falls, N.Y. Date: June 26 - Julyl, 1972 inclusive 'and be it further RESOLVED, that the Town Clerk is hereby authorized and directed to issue a permit to the aforesaid sponsor upon receipt of proof of liability insurance in the amount of not less than $100,000/300,000 Bodily Injury Liability and $25,000 Property Damage Liability Insurance. Duly adopted by the following vote: Ayes: Mr. Barber, Mr. Robillard , Mr. Demboski. Noes: None. Absent: Mr. Streeter, Mr. Solomon. At this time the meeting was opened to the public. Mr. Demboski noted to the public that this is the first meeting Mr. Solomon has missed in -three terms and 5 years as its Supervisor and it is a rest well deserved by him. The police report for the month of May was read and placed on file. Mrs. Henry Parry presented a petition to the Board asking that repairs of a permanent nature be made to the Cleverdale Road. The petition contained 67 names. Gordon Hemmitt, Attorney from Hudson Falls presented a memorandum to the Town Board regarding Zoning Changes to provide for rural Conservation Districts and Stop Gap Zoning pending resolution of the rezoning Considerations. The memorandum called for the creation of Conservation Districts. It also states that Zoning laws and zoning enforcement are proper for Ecological . considerations and that .Ecology should be considered in Zoning Formulation and Enforcement. Stop Gap Zoning must be adopted by the Town Board to prevent avoidance of proposed zoning changes prior to resolution of the proposal. The proposed rural Conservation amendments to the Queensbury Ordinance should be adopted and their consideration be protected by a Stop Gap provision pending resolution of the proposals. Attorney Harold Katz stated that he would have a memorandum for the Board to review at their July 13 meeting on this matter. Mr. Hemmitt stated that any development in this wet land area would be detrimental to the marsh lands. Alan Cederstrom presented the Board with two petitions on this matter. One petetion contained the names of 385 residents and the subject was " The protection of Rush Pond and Glen Lake Wet Lands and the Dunham' s Bay, Harris Bay and Warner Bay Marsh complex at Lake George. The second petition contained 315 names and had to do with Rural Conservation Districts. Mr. Dean Teal read a statement to the board asking the board to protect them from 10 acre zoning. He made it clear that he and many others are against 10 acre zoning. —Mr. Demboski stated that the Board can not act on the Planning Consultants proposals until the proper procedures have been followed such as legal advertising and setting public hearings. Mr. Hemmitt asked for a raise of hands of the people present who were in favor of Stop Gap Zoning and a very large number who were in attendance responded. Mr. Clifford Witham spoke and asked the group to be sure and look at both sides on this issue. Mr. William Bush of the Lake George Park Commission asked that the wet lands be maintained in their present position. Mrs. Teal asked for a show of."hands of summer residents only and no hands were raised. Francis Fish complained about the Board closing the Land Fill to Commercial haulers at 3:00 P.M. Mr. Demboski explained that this needed to be done so that the Land Fill could be properly covered by the end of the day. If this will be an inconvenience to the haulers the Board will reconsider changing the hours. Mr. Barber e Np lained to Mr. .Fish because he seemed to be inferring that , Mr. Barber is the cause of the Board making this decision to change the hours that he in no way influenced the Board to make this move. He stated there are five members on this Board and all had an opinion on this matter. This opinion should help improve the Land Fill. Mr. Lyle Morton, President of the Lake George Assoc. wanted to go on record asking to preserve the Wild Life in the Dunham' s Bay area. Mr. Stan Granger asked what are Wet Lands. Mr. Demboski stated that Rush Pond and Halfway Brook are considered Wet Lands. Mr. Granger asked if Charles Wood of Storytown had Building permits whenever he had new construction. Mr. Demboski replied "Yes he has". Mr. Demboski stated we are looking at zoning 10 acres as we did five years ago when we looked at zoning 5 acres. It has been proposed by our Planning Board that we take a hard look at Stop Gap Zoning. We are waiting for a legal opinion, then the five members of this Board will sit down and take a look at it. If we do proceed this way we want to make sure we are doing it legally. 10 acre Zoning may come up later this summer or Fall depending on when we get our final report from our Planning Consultants. We are looking for what is good for the majority of the people of the .town and is not being aimed at one individual. Mr. Dean -Howland a developer in the wet land area was very critical of the residents urging the Stop Gap Zoning noting the existing zone measures were extremely competent. He felt that his development would not be harmful to the ecological balance -stating "If I have done something wrong, stop me, but if I have not, then let me go. Mr. Howland stated that of all the groups who are against him not a single one has been over to look at his development. Mr. Demboski noted for the record that no one establishes test cases in this town. No one proceeds legally in any direction without�..the approval of the Town Board. Mr. Schmidinger of Assembly Point stated that we s only one thing and that is 50 homes in the Swamp Lands entering Lake George. Mr. Howland said he would be glad to show Mr. Schmidinger his development. Mr. O'Hanlon stated he would like to see this land kept forever wild for the animals and the wildlife. The animals keep this land for protection. This area incubates animals. It is a basic part of the ecology of the lake. Mr. Demboski stated that much of this testimony heard tonight has been heard before the Planning Board. The Board at this point does not no what procedures or what steps they are going to take at this time. We are trying to clarify the legality of interim Stop Gap Zoning if you refer to it as such. We will proceed from there. Ten Acre Zoning is not on the agenda, it will be not on the agenda next month and I doubt if it will be on in August because we have not yet received the final report from our Planning Board nor has the Planning Board received a final report from Murphy and Krens. At that point we look at their recommendations, we may alter them, we may change them, we may not accept all of their recommendations and then we will duly hold a public hearing and at that time all of these proposals for a change in zoning will be discussed openly and then the Town Board will make a .decision on that and I am sure a number of other recommendations as far as zoning in the Town of Queensbury is concerned. Dean Howland Jr. stated that they asked for a legal decision from the Dept of EnCon. They asked Mr. Coutant the attorney for EnCon for this information. Mr. Coutant who was present asked that his presence be noted but he wished to say nothing on this matter at this time. He felt that his remarks would be heard at a public hearing. Mr. Gordon Hemmitt said that his group is interested in Stop Gap Zoning only He asked the Board to please consider it right away. Mr. Witham responded to Mr. Bush' s comments stating that the residents of the lake contribute immensely to the pollution of the lake. A question was asked in regard to the 45 day limitation in the filing of his plan. Mr. Katz read from the Town Law. i According to Section 276 , subdivision 1 of the Town Law, any approval of subdivision plans shall take place within 45 days from and after the time of the hearing for the approval or the disapproval of the plot. This is diff- erent from what Mr. Howland said. Mr. Howland said it was 45 days from the time in which it was submitted. This is not correct. It is 45 days after the time of the hearing. This would be the public hearing on the part of the Planning Board. Mr. Katz stated that he did not know if they have had the public hearing or not. Mr. Howland stated that the same thing applies to the preliminary approval also applies to the final approval. If there were to be a public hearing and the Town Board has a right to have a public hearing the Planning Board has 45 days to approve or disapprove the plot. of some 67 developments in " the Town of Queensbury there has never been a public hearing on any one. Mr. Howland stated also that you can get preliminary approval and then if you do the following things you will get final approval, Mr. Katz I believe your own ordinance reads this way. Mr. Katz replied -that it is very unfortunate that this whole thing has boiled down into personalities. This proposition as handed to me by this Town Board is completely devoid of personalities. They have asked for a legal opinion with respect to the subject of Stop Gap Interim Zoning. You have seen fit to bring up this question and to read from whatever documents you have certain excerpts with regard to the law. I am not going to debate the law with you because I do not think that is our purpose for being here tonight. The problem has been presented to me by the Town Board and I will give the Board my opinion with respect to the subject of Interim Stop Gap Zoning. If the planning Board makes a request of the Town Board for an interpretation of Section 276 of the Town Law or the Zoning Ordinance with respect to the time period within which the Planning Board must act then I will render an opinion as to that. However I have read to you and the audience from the Town Law itself it is not taken out of contex it is verbatim from the Town Law, it is not taken as an opinion rendered by anyone, it is the Town Law as printed, it is the statute of the State of New York. If I quote anything it will be from the Town Law or the Town Zoning Ordinance. I have no axe to �wgrind with you or anyone else, I am not opposed to Dean Howland which somehow you seem to think exists, I am not opposed to anyone who develops property within our laws within the town. The gentleman in the back requested some infcr mation in respect to the time limit, I am quoting to him from the law. Whether you say these are preliminary plans or final plans is not germain at this time. I think the best thing for everyone to do at this time in light of the hour is just to sit back and wait for me to render my opinion. Mr. Howland stated that he would have some copies made of the report he read from for the Board. On motion the meeting was adjourned. 9:40 P.M. Respectively submitted Donald A. Chase, Town Clkrk