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1967-07-27 Regular Meeting July 27, 1967 Present: John 0. Webster - Supervisor N. Harwood Beaty Councilman Theodore Turner Councilman Curtis Lampson Councilman Hammond Robertson, Jr. , Councilman The Supervisor called the meeting to order at 8:00 p.m. Supervisor Webster greeted the following visitors: Julliette Ellingsworth - Visitor Anna E. Jessen - Visitor Mrs. Helen A. Kurzmak - League of Women Voters Mr. John Griffin - Visitor Mrs. Weed - Visitor Mrs. McMillan - Visitor Irving Dean - Reporter, The Post Star LeRoy Phillips - Chief of Police Thomas K. Flaherty - Superintendent of Queensbury Water Mr. John Griffin was granted the floor. Mr. Griffin discussed traffic conditions on Country Club Road. Supervisor Webster stated that several previous requests have been made to the State Traffic Commission for permission to institute: control on the road to no avail. A new request will be presented at an early date. Mr. Griffin also stated that he is willing at this time to deed the necessary land to re-construct a part of Sweet Road in the Town of Queensbury. Mrs. Anna Jessen spoke on the question of the re-location of Lawton Road in the Town of Queensbury. Mrs. Julliette Ellingsworth questioned the fact that, with the proposed zoning ordinance in the town, would unsightly homes and properties be eliminated. The clerk presented applications for permits to locate mobile homes within the 'town of Queensbury as follows: Applicant Section of Ordinance Disposition Charles Hermance 4 - 2C Will have Public Hearing Joseph & Barbara Saville #4 - 2C it if it it Barbara Mechanick #4 - IC it of it Malcolm & Simone Bolton #4 - 2C it of it it Richard Nicholson #4 - 2C it it it it Michael Liddle #4 - 2C it it it it The monthly report of the Water Superintendent was received and placed on file. w The Monthly report of the Chief of Police was received and placed on file. All reports were accepted by the Town Board and will be placed on file. Carried unanimously. The following report was presented by Supervisor Webster: Concerning the Annexation Matter between the City of Glens Falls and the Town of Queensbury I can report that the court action was begun yesterday and we feel it is proceeding satisfactorily. Of course, the City presents its case first and it will be our turn next. T 286 I want to assure everyone in the town that their town government is taking every possible measure to protect the vital interests of all of our people, and we will continue to do just that. I want to say that I regret the confusion created by town Democratic candidates for office in issuing statements on the radio and loud speaker announcements that this is a "Public Hearing". This court action is not a public hearing in any sense it is a formal Court Proceeding and only open to the public to observe as are all court cases. If town Democrats, or for that matter, anyone, in the town or in the city, want to really help us they should as individuals offer assistance to our attorneys, Nichols, Collins and Mullaney, or leave their names at the Town Office Building. John 0. Webster, Supervisor WARREN COUNTY MUNICIPAL CENTER Lake George, N.Y. Department Law July 27, 1967 To: John 0. Webster, Supervisor Re: Queensbury Zoning Ordinance First of all, I congratulate you in the manner in which you conducted the public hearing on the zoning ordinance last week. In spite of some obvious political tactics, I felt the comments and suggestions were generally useful and constructive. There are some who are opposed to the adoption of any zoning ordinance and those who attempted to make an issue of a referendum are probably the ones opposed to any zoning. On the other hand, from conversation I have had with Queensbury residents as well as statements made at the hearings held by the Planning Board and the recent one by the Town Board, I am confident that most residents feel zoning is essential. There were opinions expressed by some business men at the hearing last week that there are not enough M districts. This may -well turn out to be true but it is my feeling that M districts should be only established after there is proof of need in a particular area and careful consideration of the effect on other properties in the same area. It is an absolute impossibility to draft a zoning plan and ordinance which will satisfy everyone. You have a zoning plan which was prepared after long research and study by the Planning Board with the aid of experts. The Town Board have made some rather drastic revisions which seem to have general public approval. I suggest that your Town Board consider the adoption of the ordinance which was considered at the public hearing without further revision at this time. The Zoning Board of Appeals can take care of =minor variances and as there is a request for amendments, such request should receive prompt consideration to the end that the zoning plan can be flexible and responsive to growth in the town. Albert E. Beswick County Attorney The following statement on the acceptance of the Zoning Ordinance was presented at this time. 2 After a careful review of all testimony at the public hearing conducted by this Board last Thursday evening it is our opinion that the need for zoning in our town far outweighs any argument for further delay. For that reason, the Board is taking action to implement the ordinance now. In our opinion, zoning must be always subject to improvement and change, and our zoning regulations must be the tools for dealing with changing conditions in an orderly and just manner. In this connection, we are right now studying all testi- mony taken at the public hearing in the light of possible amendments. The procedure for amending the ordinance is very simple, The Town Board may initate amendments and this is our intent in these instances. We believe that this ordinance is sound and reasonable and will be beneficial in the further growth and development of the town. As with anything new, we expect therewill be "bugs" and problems to iron out, and we ask for cooperation and patience in working them out. For our part, we intend to do everything we can to implement the ordinance smoothly,- The accomplishment of a town-wide zoning ordinance is viewed by this Board as a major achievement and one which will have growing importance in the future. We want to here an now pay tribute to the dedicated and constructive work of the Town Planning Board, acting as a zoning commission, in building the foundation for this ordinance, and also to the many, many other citizens of the town who have offered their advice and assistance. An important next step is to set up the proper personnel to administer the ordinance. We a re i ssu ein g a p ublic call for any eligible persons who wish to serve the town in this capacity. An immediate need is the appointment of a Board of Appeals, consisting of five persons. We will welcome applications from persons willing to serve on this board. Inquiry can be made at the Town Office Building, RESOLUTION TO ADOPT ZONING ORDINANCE RESOLUTION NO. 141, Mr. Webster introduced the following resolution and moved its adoption, seconded by Mr. Beaty. RESOLVED, that the Town Board of the Town of Queensbury hereby adopts the following as the Zoning Ordinance of the Town of Queensbury: To conform with Town Law # 264 Section 6, the detail of the"Zoning Ordinance of the Town of Queensbury" with the map are stapled to pages #238 & #239 of the minutes of July 27, 1967, Approved by County Attorney Albert E. Beswick 8/2/1967. The foregoing resolution was duly put to a vote which resulted as follows: John 0, Webster, Supervisor Yes N. Harwood Beaty, Councilman Yes Curtis Lampson, Councilman Yes Theodore Turner, Councilman Yes Hammond Robertson, Jr. Councilman Yes 288 I i i s I i I II T i. M tip R, LvF 240 RESOLUTION NO. 142_, Introduced by Mr. Turner, seconded by Mr. Robertson. WHEREAS, this Town Board has at this meeting adopted a Zoning Ordinance of the Town of Queensbury, be it RESOLVED, that the Town Clerk be and he hereby is authorized and directed to cause the Zoning Ordinance to be published once in both the Post Star and Glens Falls Times and to post a copy of the ordinance together with a copy of the map incorporated on the bulletin board maintained at the Town Office Building, all as provided by Section 264 of the Town Law. Duly adopted by the following vote: Ayes Mr. Beaty, Mr. Turner, Mr. Lampson, Mr. Robertson and Mr. Webster. Noes - None RESOLUTION NO. 143 , Introduced by Mr. Robertson, seconded by Mr. Lampson. WHEREAS, it is provided by the Zoning Ordinance that the Town Board shall appoint a Zoning Board of Appeals to consist of five members which shall have all of the powers set forth in the ordinance includin g granting the rantin of variances from a strict application of the ordinance, and it is contemplated that members of the Zoning Board of Appeals will serve without compensation, and WHEREAS, it is important that the members of the Zoning Board of Appeals be persons of sound judgment with a sincere interest in the subject of zoning to the end that variances granted shall be limited to cases of actual hardship and where a strict application of the ordinance is not necessary in the public interest, and it is the intent of the Town Board to appoint the best qualified persons willing to serve regardless of their occupation, race, religion or political affiliation, be it RESOLVED, that persons interested and willing to serve as members of the Zoning Board of Appeals be invited to so indicate by letter to the Supervisor. Duly adopted by the following vote: Ayes - Mr. Beaty, Mr. Turner, Mr. Lampson, Mr. Robertson and Mr. Webster Noes - None WATER RESOUREBSCOMMISSION EXHIBIT A RESOLUTION NO. 1444, Introduced by Mr. Robertson, seconded by Mr. Turner, FOR WATER RESOURCES COMMISSION APPLICATION FOR CONSTRUCTION OF AN ADDITIONAL SOURCE OF WATER SUPPLY FROM LAKE GEORGE AND THE EXTENSION OF THE WATER SUPPLY FACILITIES FOR THE QUEENSBURY WATER DISTRICT. RESOLVED S b and b d and That the Supervisor e a he here is authorize a � P y �. directed to make Application to the Water Resources Commission of the State of New York for approval of the plans of the Town of Queensbury for the construction of an additional source of water supply from Lake George and the extension of water supply facilities to serve the Queensbury Water District. Upon roll call the foregoing Resolution was adopted by the following vote: John 0. Webster, Supervisor Yes Curtis Lampson, Councilman Yes N. Harwood Beaty, Councilman Yes Theodore Turner, Councilman Yes Hammond Robertson, Jr. , Councilman Yes 241 RESOLUTION TO AMEND AUDIT OF CLAIMS RESOLUTION NO. 145 , Introduced by Mr. Beaty, seconded by Mr. Lampson. WHEREAS, Audit #723 as approved under abstract number 67-7 dated July 13, 1967 in the amount of $593.66 should have been in the amount of $419.44 to Goodrich Oil Co. , and WHEREAS, Audit #756 as approved under abstract number 67-7 dated July 13, 1967 in the amount of $44. 23 should have been in the `- amount of $47.83 to A.C. Warner, therefore be it RESOLVED, that the amount allowed under audit #723 is hereby corrected to $419.44 and the amount allowed under audit #756 is hereby corrected to $47.83, and that the total amount of Abstract 67-7 is hereby decreased by the amount of $170. 62. Duly adopted by the following vote: Ayes Mr. Beaty, Mr. Turner, Mr. Lampson, Mr. Robertson and Mr. Webster. Noes - None a The Water Superintendent, Thomas K. Flaherty and the Highway Superintendent Bernard J. Codner have voiced approval of the acceptance of the following highways: RESOLUTION NO. 146, Introduced by-Mr. Robertson, seconded by Mr. Lampson. WHEREAS, Oliver A. Laakso and Nils Klykken have executed and offered a deed to convey to the Town of Queensbury land for a 50 foot roadway to be known as St. Andrews Drive, together with an extention of approzimately 1100 feet of T.R..#294, Orchard Drive, as shown on map of .- Section #2 of Old Orchard Subdivision, and WHEREAS, Bernard J. Codner, Superintendent of Highways, has advised this board that he recommends the acceptance of these roads into the town highway system, and WHEREAS, the water mains have already been installed in a manner satisfactory to the Superintendent of the Queensbury Water District, now therefore be it RESOLVED, that subject to the approval of County Attorney Albert E. Beswick, the deed of Oliver A. Laasko and Nils Klykken as above described be and the same is hereby accepted and approved, and that the Town Clerk is hereby authorized and directed to cause said deed to be recorded in the Warren County Clerk' s Office, after which said deed shall be properly filed in the office of the town clerk, and be it further RESOLVED, this new town road is hereby added to the official inventory of torn highways, and described as follows: Road #298 Description: T.R. 294 N. to T.R. #98 Name: St. Andrews Drive Mileage: 0. 21 and be it further RESOLVED, THAT THE DESCRIPTION OF T.R. #294 is amended and changed to read as follows: Road #294 Description: D.E. W. & N. to T.R. 98 Name: Orchard Drive Mileage: 0. 30 (increase 0. 21) Duly adopted by the following vote: Ayes - Mr. Beaty, Mr. Turner, Mr. Lampson, Mr. Robertson, and Mr. Webster Noes - None 242 RESOLUTION TO AUTHORIZE PUBLIC HEARING RESOLUTION NO. 1471 Introduced by Mr. Robertson, seconded by Mr. Turner WHEREAS, Charles H. Hermance of 193 Broad St. , Glens Falls, N. Y. 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 outside of a duly licensed mobile home court at property situated #147 of Feld Avenue, and WHEREAS, it 4s 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 August 10, 1967, 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. Beaty, Mr. Turner, Mr. Lampson, Mr. Robertson and Mr. Webster. Noes - None RESOLUTION TO AUTHORIZE PUBLIC HEARING RESOLUTION NO. 148, Introduced by Mr. Robertson, seconded by Mr. Turner. WHEREAS, Joseph & Barbara Saville of 193 Broad St. , Glens Falls,N.Y. 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 outside of a duly licensed mobile home court at property situated Lot #146 Feld Avenue, 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 August 10, 1967, 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. Beaty, Mr. Turner, Mr. Lampson, Mr. Robertson and Mr. Webster. Noes - None 243 RESOLUTION TO AUTHORIZE PUBLIC HEARING RESOLUTION NO. 149, Introduced by Mr. Robertson, _ seconded by Mr. Turner WHEREAS, Barbara J. Mechanick of 32 Homer Ave. , Glens Falls, N. Y. , 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 QMENSBURY, WARREN COUNTY, NEW YORK, to locate a mobile home outside of a duly licensed mobile home court at property situated Van Dusen Road, West Glens Falls, and `— WHEREAS, it •ij HitiBy Ntra it(&B thA' itia &##L16ifift 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 August 10, 1967 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. Beaty, Mr. Turner, Mr. L.ampson, Mr. Robertson. and Mr. Webster Noes - None RESOLUTION TO AUTHORIZE PUBLIC HEARING RESOLUTION NO. 150 , Introduced by Mr. Robertson, seconded by Mr. Turner WHEREAS, Malcolm Bolton & Simone Bolton of Big Bay 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 TOWN OF QUEENSBURY, WARREN COUNTY, NEW YORK, to locate a mobile home outside of a duly licensed mobile home court at property situated Big Bay Road, West Glens Falls, N. Y. , 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 August 10, 1967, at 8:15 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. Beaty, Mr. Turner, Mr. Lampson, Mr. Robertson and Mr. Webster Noes - None 944 RESOLUTION TO AUTHORIZE PUBLIC HEARING RESOLUTION N0, 151, Introduced by Mr. Robertson, seconded by Mr. Turner WHEREAS, Richard Nicholson of R.F.D. #3, Luzerne 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 TOWN OF QUEENSBURY, WARREN COUNTY, NEW YORK, to locate a mobile home outside of a duly licensed mobile home court at property situated R.F.D. #3, Luzerne Road, 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 August 10, 1967; at 8:15 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. Beaty, Mr. Turner, Mr. Lampson, Mr. Robertson and Mr. Webster Noes - None RESOLUTION TO AUTHORIZE PUBLIC HEARING RESOLUTION N0, 152, Introduced by Mr. Robertson, seconded by Mr. Turner WHEREAS, Michadl Liddle of 10 Luzerne Road, Glens Falls, N. Y. 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 AOMES AND MOBILE HOME COURTS IN THE TOWN OF QUEENSBURY, WARREN COUNTY, NEW YORK, to locate a mobile kome outside of a duly licensed mobile kome court at property situated 10 Luzerne Road, 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 August 10, 1967, at 8:15 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. Beaty, Mr. Turner, Mr. Lampson, 'Hr. Robertson and Mr. Webster Noes - None RESOLUTION NO. 153, Introduced by Mr. Beaty, seconded by Mr. Turner. RESOLVED, that the Audit of Bills as listed in Abstract #67-7A numbered #779 through #780 inclusive and totaling $4,589. 33 is hereby approved. Duly adopted by the following vote: Ayes- Mr. Beaty, Mr. Turner, Mr. Lampson, Mr. Robertson and Mr. Webster Noes - None es ect 1 sub iitt d eorge C. Uanne I, 'own Clerk