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1971-06-24 Regular Meeting June 242 1971 Present: Gerald B. Solomon Supervisor John D. Austin, Jr. Councilman Harold Robillard Councilman Hammond Robertson, Jr. Councilman Absent: Lloyd Demboski Councilman Attorney Harold Katz was present. The meeting was called to order at 8 :10 P.M. with a salute to the flag. The following visitors were greeted by the Supervisor: J. David Little Joseph Cutter William Richardson John Beaudette Hubert Brewington Ray Barnes Harwood Beaty Donald Bovee Gilbert Mellon William Chandler Michael O'Connor Mrs. James Drexel Gerald Brown Mrs. Elmore Edward Waters Mr. & Mrs. John Richardson Mary Lou Quinn Leonard M. Bradway, Sr. Thomas Flaherty Kip Grant Walton Cottrell Chris Drellos George Liapes Proof of advertising regarding the Brown application was shown. The public hearing on the application of Gerald Brown to -rezone property on Luzerne Road to permit construction of a 212-unit mobile home park was opened at 8:12 P.M. Attorney Michael O'Connor `+"{ appeared with Gerald Brown. Mr O'Connor pointed out that although the application before the board was limited to rezoning his client wished everyone to be informed of his long-range plans. Mr. O'Connor exhibited a map of the property showing the proposed park. He noted that Mr. Brown' s own residence, the former Andrew Butz property, would be immediately in front of the first 50-lot section he would develop. A strip about 125 feet wide along Luzerne Road would- be developed as a recreation area and park. Mr. O'Connor outlined pro- posed restrictions and safeguards. Minimum lot size would be 60 by 100 feet, larger than the ordinance requires; utilities would be under- ground, as would oil and gas storage tanks; no pets or unregistered vehicles would be allowed; rubbish would be confined to closed con- tainers; only new type mobile homes would be allowed, and the owner would hope to set aside one area for families without children. A petition was presented with approximately 209 signatures which favored the application. Mrs. James Drexel, Mr. John Beaudette, Ray H. Barnes, Walton Cottrell, Donald Bovee, William Chandler and John Richardson, all residents of Pinewood Poad, voiced their opposition to the trailer park. They felt it would be detrimental to their properties. They pointed out that their properties were restricted by deed as well as by zoning ordinance. Mr. Solomon said that the board had not previously _ seen detailed plans for the trailer park and also because of the ab- sence of Councilman Demboski, the application would be tabled until the July 8th meeting. The public hearing was closed at 8:50 P.M. RESOLUTION TO AUTHORIZE PUBLIC HEARING RESOLUTION No. 137, introduced by Mr. Robillard, who moved its adoption, seconded by Mr. Robertson. WHEREAS; Hubert Brewington of Buttermilk Falls Road, West Fort Ann, New York, 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 QUEENS- 1rV BURY, WARREN COUNTY, NEW YORK, to locate a mobile home outside of a daily licensed mobile home court at, property situated Warren Lane, Town of Queensbury, New.York, 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 8, 1971, at 8:15 P.M. in the Queensbury Town Office Building, Bay Road, and that the Town Clerk is hereby author- -" ized 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. Austin, Mr. Robillard, Mr. Robertson and Mr. Solomon Does: None Absent: Mr. Demboski RESOLUTION TO AUTHORIZE PUBLIC HEARING RESOLUTION No. 138, introduced by Mr. Austin, who moved its adoption, seconded by Mr. Robertson. WHEREAS, Leonard M. Bradway Sr of Fort Ann, New York, has made appli- cation 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 outside of a duly licensed mobile home court at property situated Dawn Avenue, Town of Queens- bury, New York, 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 8, 1971, at 8:15 P.M. in the Queensbury Town Office Building, Bay Road, and that the Town Clerk is hereby author- ized 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. Austin, Mr. Robillard, Mr. Robertson and Mr. Solomon Noes: None Absent: Mr. Demboski Regarding the above Bradway application, Mrs. Elmore is provide a -deed to Dawn Avenue before the July 8th public hearing. indicating that the road has been deeded to the Town of Queensbury. RESOLUTION TO AUTHORIZE TEMPORARY PERMIT FOR MOBILE HOME RESOLUTION No. 139, introduced by Mr. Robertson, seconded by Mr. Robillard. WHEREAS, William C. Hart of RD #3, Luzerne Road, West Glens Falls , N.Y-;_, has made application in accordance with paragraph 2 (b) 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 outside of a duly licensed mobile home court at property situated RD #3, Luzerne Road, Town of Queensbury, New York, and WHEREAS, it is hereby determined that the facts presented in said application are sufficient to authorize the issuance of the permit requested by said application, therefore be it RESOLVED, that pursuant to the provisions of the above mentioned ordinance, temporary permission is hereby given to William C. Hart liar) of R.D. #3, Luzerne Road to locate a mobile home outside of a licensed mobile home court for a period of one year at property situated at R.D. #3, Luzerne Road, Town of Queensbury, N. Y. with the understanding that the board would probably not favor another extension, and that the Town Clerk 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. Austin, Mr. Robillard, Mr. Robertson and Mr. Solomon. Noes: None Absent: Mr. Demboski The application of George and Marjorie Dresser of 31 Harrison Ave. , —' South Glens Falls, N.Y. to locate a mobile home on Ohio Avenue, West Glens Falls, N.Y. was tabled until the next meeting. The application of Winona Wood of Homestead Village Trailer .Park, West Drive, West Glens Falls, N.Y. to locate a mobile home on West Drive, West Glens Falls, N.Y. was tabled until the next meeting. The Police Department Activity Report for the Month of May 1971 was read and placed on file. The following letter was read by the Supervisor: State of New York - Executive Department - Parks & Recreation State Campus- Albany, N.Y. 12226 June 16, 1971 Mr. Gerald B. Solomon, Supervisor Town of Queensbury Queensbury Town Office Building Bay at Haviland Road, R.D. 1 Glens Falls, New York 12801 Dear Mr. Solomon: This will acknowledge receipt of your letter of June 7 and a copy of the proposed Ordinance regulating the opertion of motor boats in the Town of Queensbury. I previously wrote to Mr. Donald Borth, Counsel for the Lake George Park Commission, indicating that we would be happy to approve the Or- dinance. Would you, therefore, send me two copies of the Ordinance, properly signed and bearing the seal of the Town. We will then approve both copies, retain one copy in our files and return the other one to you. Thank you for your expected cooperation. Sincerely, James J. O'Brien, Director Division of Marine & Recreational Vehicles JJO'B:'nw RESOLUTION TO ESTABLISH AN ORDINANCE ENTITLED "ORDINANCE REGULATING THE OPERATION OF MOTOR BOATS IN THE TOWN OF QUEENSBURY, WARREN COUNTY, NEW YORK" RESOLUTION No. 140, introduced by Mr. Austin, who moved its adoption, seconded by Mr. Robertson. WHEREAS, the Town Board deems it necessary to revise our Ordinance regulating the opertion of motor boats in the Town of Queensbury, Warren County, New York, and WHEREAS, a new proposed ordinance was presented to the Town Board, and after due notice a public hearing was held thereon by the Town Board on the 27th day of May, ''1971 at 8:00 P.M. at the Town Office Building, Bay and Hsviland Roads, Glens Falls, New York and that the Town Clerk gave notice of such hearing by publication thereof in the official Town newspapers at least once prior tothe date specified for such hearing, specifying 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 of and opposed to, therefore, be it RESOLVED, the above mentioned ordinance be adopted by the town of Queensbury as follows: ORDINANCE REGULATING THE OPERATION OF MOTOR BOATS IN THE TOWN OF QUEENSBURY, WARREN COUNTY, NEW YORK Section 1. Declaration of policy. Pursuant to the provisions of Section 130, paragraph 17 of the Town Law of the State of New York, the Town of Queensbury hereby regulates the operation- of pleasure boats in the waters within and bounding said- Town, such regulation being necessitated by the marked in- crease in pleasure boating in said waters and the proportionate increase in dangers to others resulting therefrom:>. Section 2. Definitions. a. The term "person" as used in this ordinance shall include an individual, society, club, firm, partnership , corporation or association of persons, and the singular number shall include the plural number. b. The term "boat" as used in this ordinance shall include any vessel propelled on water in any other manner than by hand. c. The term "motor" as used in this ordinance shall include both inboard and outboard engines using gasoline or similar fuel. d. The term "waters" as used in this ordinance shall embrace all waters within the Town of Queensbury and all waters bounding said Town to a distance of 1,500 feet. Section 3. Regulation of speed. No person shall operate on any waters any boat having a motor installed therein or attached thereto at a speed greater than five miles per hour within one hun- dred feet from any shore unless such vessel is being operated to bring water skiers to and from shore. Section 4. Regulation of anchorage. No person shall anchor or moor any boat within 100 feet of any private dock- or other improved property, except in a case of emergency or at the direction of any police officer or at the invitation of the owner or lessee of said dock or improved property. Section 5. Penalties-. Any person violating- any of the provisions of this ordinance shall be guilty of a violation, and any conviction thereof shall be punishable by a fine not exceeding $100.00 or by imprisonment in the Warren County Jail for not more than fifteen (15) days. Section 6. Saving clause. If any clause, sentence, paragraph, section or part of this ordinance shall be adjudged by any court of competent jurisdiction to be invalid, such judg- ment shall not affect, impair or invalidate the remainder thereof, but shall be confined in its operation to the clause, sentence, paragraph, section or part thereof directly involved in the contro- versy in which such judgment shall have been rendered. Section 7. Repealer. Town of Queensbury Ordinance Regulating the Operation of Motor Boats in the Town of Queensbury, Warren County, New York, duly adopted the 16th day of July, 1955, is hereby repealed in its entirety. Section 8. Effective date. This ordinance shall take effect ten (10) days after its publication and posting as required by Section 133 of the Town Law and upon the written approval of the Conservation Commissioner as required by Section 130, paragraph 17, subdivision 2, of the Town Law. Duly adopted by the following vote: Ayes: Mr. Austin, Mr., Robilhard, Mr. Robertson and Mr. Solomon Noes: None Absent: Mr. Demboski The meeting was opened to the public. William Richardson urged the board to take all possible measures to inform the public about the need for approving the sewerage project. Supervisor Solomon said a referendum will probably be held the last week of July or the first week in August, and said the board would welcome the help of volun- teers in explaining the project to the public. Supervisor Solomon announced that the board expects to meet in executive session July 1st with water engineers to review their final plans for the Hudson River filtration plant and transmission lines. He said our present system is inadequate in that two years from now we can't supply the needs of the district. He said the critical water situation has eased since the sprinkling ban. Mrs. Swinton said she had been no- tified by the Building Department to get rid of her horses. She asked why because her neighbors had chickens, rabbits and goats. She was informed that unless her property was 10 acres of more, which is considered a farm , she would not be allowed to keep the horses. She said she had been attempting to sell them. The meet- ing was closed to the public. RESOLUTION TO NAME MEMBER TO THE BOARD OF CEMETERY COMMISSION RESOLUTION No,.141, introduced by Mr. Robertson, who moved its adoption, seconded by Mr. Robillard. 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 of the Town Clerk that Frank L. Cowles was last appointed by the Town Board for a term which expires on June 30th 1971, therefore be it RESOLVED, that Frank L. Cowles be and he hereby is reappointed a member of the Board of Cemetery Commissions of the Town of Queens- bury for a term commencing as of July 1, 1971 and to expire on June 30, 1974. Duly adopted by the following vote: Ayes: Mr. Austin, Mr. Robillard, Mr. Robertson and Mr. Solomon Noes: None Absent: Mr. Demboski RESOLUTION No. 142, introduced by Mr, Robillard, who moved its adoption, seconded by Mr. Austin. WHEREAS, application has been made by Chris Drellos for the rezoning of an area bounded on the south by Luzerne Road, on the west by- lands of Niagara Mohawk Power Corporation; and on the east by New York State Highway Route 87, the Northway, from an R-3 to an M-1 District, and WHEREAS, the Zoning Ordinance of the Town of Queensbury Section 11:00 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 Warren County Planning Board has met and reviewed the request for said zoning change and has recommended approval thereof I and WHEREAS, a public hearing was held pursuant to notice duly given at a meeting of the Town Board in the Town Office Building, Queensbury, New York, on Thursday, June 10, 1971 at which all persons -desiring to be heard in favor of said rezoning and also those to be heard in opposi- tion: thereto were given an opportunity and were heard, and thereafter the public hearing was closed, so therefore be it RESOLVED, that the aforementioned property be and the same is hereby rezoned from an R-3 to an M-1 district and it is further RESOLVED, that the necessary cha.nges' be made upon the Zoning and Departmental Maps of the Town of Queensbury so as to indicate the — property as being located in an M-1 district as defined and regulated pursuant to the provisions of the Zoning Ordinance of the Town of Queensbury as amended and it is further RESOLVED, that the Town Clerk be and he hereby is authorized and directed to give the necessary notice of such change in zoning to the departments and agencies having jurisdiction in the matter. Duly adopted by the following vote: Ayes : Mr. Austin, Mr. Robillard, Mr. Robertson and Mr. Solomon. Noes: None Absent: Mr. Demboski. RESOLUTION TO AMEND APPROPRIATIONS FOR 1971 IN THE GENERAL FUND RESOLUTION No. 143, introduced by Mr. Robertson, who moved its adoption, seconded by Mr. Austin. WHEREAS, in some instances it is deemed necessary to adjust the 1971 budget appropriations to meet the requirements of certain departments, therefore be it RESOLVED, that the following changes be made: Amount From To $ 90 00 A1355.4 (Assessor' s) A1355.2 53.00 A4020.1 (Registrar of Vital Statistics) A1410.4 (Town Clerk) 200.00 A1620.4 (Building Shared Services) A1620.2 600.00 A3120.4 (Police) A3120.2 525.00 A1910.4 (Special Items - i Unallocated Ins.) A9040.8 Workman' s Compensation 131000.00 A1990.4 (Contingent Fund) A1410.4 Town Clerk 3,000.00 A1990.4 (Contingent Fund) A1420.4 Attorney 400.00 A1990.4 (Contingent Fund) A1940.4 Land Purchase 1,000.00 A1990.4' (Contingent Fund) A5132.4 Highway Garage 250.00 A1990.4 XContingent Fund) A8020.2 Building/Zoning Duly adopted by the following vote: Ayes: Mr. Austin, Mr. Robillard, Mr. Robertson and Mr. Solomon. Noes: None Absent: Mr. Demboski RESOLUTION AUTHORIZING INCREASE IN SALARY RESOLUTION No. 144 , introduced by Mr. Robillard, who moved its adoption, seconded by Mr. Austin. WHEREAS, Jay David Morey, Patrolman of the Town of Queensbury, has successfully completed a Municipal Police Training School thereby qualifying himself for an increase in salary, therefore be it RESOLVED, that the yearly salary of Jay David Morey is hereby in- creased by $200, from $6,600 to $6,800 per year effective with the June 30th payroll Number 12. Duly adopted by the following vote: Ayes: Mr. Austin, Mr. Robillard, Mr. Robertson and Mr. Solomon. Noes: None Absent: Mr. Demboski RESOLUTION TO MAKE APPLICATION TO THE NEW YORK STATE DIVISION FOR YOUTH, FOR APPROVAL OF RECREATION PROJECT RESOLUTION No. 145, introduced by Mr. Robertson, who moved its adoption, seconded by Mr. Austin. WHEREAS, the 1971 town budget has made provision for a continuation of the Town Recreation Program, and WHEREAS, it is believed that the town is eligible to receive state aid under the State of New York Division for Youth, therefore be it RESOLVED, that the application to the New York State Division for Youth for approval of the Recreation Project is hereby authorized, and that the Supervisor of the town is hereby authorized and directed to execute such application on behalf of the Town of Queensbury. Duly adopted by the following vote: Ayes:, Mr. Austin, Mr. Robillard, Mr. Robertson and Mr. Solomon. Noes: None Absent: Mr. Demboski Councilman Austin extended best wishes to Town Clerk and Mrs. Donald Chase on their 20th wedding anniversary. On motion the meeting was adjourned. Respectfully submitted, Donald A. Chase Town Clerk Regular Meeting July 8, 1971 Present: Gerald B. Solomon Supervisor John Austin , Jr. Councilman Harold Robillard Councilman Hammond Robertson, Jr. Councilman Lloyd Demboski Councilman Attorney Harold Katz was present The meeting was called to order at 8 :05 P.M. with a salute to the flag. The following visitors were greeted by the Supervisor: Ed Waters John Holmes Mrs. Norton William Maurer Mr. and Mrs Brewington Pliney Tucker Mrs. Edward Barrett Florence Mcllvaine Robert Kelly John Hook Clarence Bradway Wayne Judge Robert Broughton Geneva Elmore Dan Olson Winona Wood Mr. and Mrs. Larry Barker Gib Mellon Mr. Cutter Una' Burch i The Public Hearing regarding the rezoning of lands owned by Broughton -- Corp. was declared open at 8:05 P.M. Attorney Wayne Judge spoke on the plans for expansion of the Corporation. Robert Kelly and ,John Hook of Ridge Road asked if the rezoning could be granted with a stipulation that no access road be cut from Ridge. The claimed it would be a safety hazard for their children. William Maurer spoke in favor of the application but that it should be decided by the people rather than the Town Board. It was pointed out during the discussion that Broughton has a right to construct a road on its property however the Town Board would not be in favor of a Town Highway. The public hearing was declared closed at 8:29 P.M. Proof of advertising was shown by the Clerk on this hearing.