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1966-07-28 Regular Meeting July 28, 1966 Present: John 0. Webster Supervisor N. Harwood Beaty Councilman Theodore Turner Councilman Curtis I.ampson' Councilman Hammond Robertson, Jr. Councilman The meeting was called to order by Supervisor Webster at 7:30 p.m. Supervisor Webster greeted the following visitors: Mrs. Adele Tucker - Applicant for Mobile Home Permit Mrs. Ernestine Bovee - Visitor Mr. "Red" Wildy - Reporter for the Post Star Mr. William Richardson - Visitor Mr. A1vin'Greene - Visitor Mr. Paul Bishop - Visitor Mr. Thomas K. Flaherty - Superintendent of Queensbury Water District The public hearing on the application of Adele Tucker to locate a Mobile Home on Division Road was declared open by the Supervisor`at this time. Proof of publication was presented by the clerk. Reading of the notice was dispensed with at this time. The-.clerk summarized the original application as received. Supervisor Webster requested a voice from any person in opposition or in favor of the granting of the permit. There were none. Mrs. Adele Tucker spoke in her own behalf by stateing that the granting of the permit would enable her to°care for her five children. The public hearing was declared closed at 7:37 p.m. Supervisor Webster stated that, following a consensus of opinion from the members of the Town Board; the permit will be granted at a later time this meeting. Supervisor Webster opened the public hearing bn the application of Norma Washburn to locate a mobile home on Iuzerne Road, West Glens Falls. ' Proof- of publication was presented by the clerk. Reading of the notice was dispensed with at this time. The clerk summarized the original application as received by him. The Supervisor requested a voice from any person present in opposition or in favor of the granting of the permit. There were none. The public hearing was declared closed at 7:40 p.m. Mr. Wii1i" Richardson was granted the floor to discuss the construction bf Gasoline Stations within the Town of Queensbury. Mr. Richardson stated that Gasoline Companies as such do not care for the opinions of residents of the town whether they should locate or not. Bernard J. Codner, Superintendent of Highways visited the meeting at this time. Mr. Rishardson suggested the adoption of an ordinance by the Town of Queensbury, which would control the future construction of Gasoline Stations. 500 Supervisor Webster stated that the only possible avenue, that could be taken by the Town of Queensbury, would be to control the_ con- struction of Gasoline Stations under provisions of the proposed zoning ordinance which is pending at this time. M.r Alvin Greene was granted the floor. Mr. Greene suggested police protection for the highway and the bridge over Adirondack Northway # 87. Mr.' Pau1 Bishop spoke again regarding the clean-up of the lands of the Ashton Cerement Works on West Mountain Road. i Mr. Warren Bennett and Mr. LeRoy Phillips, Chief of Police visited ,. the meeting at this time. The minutes of the meeting of July 21, 1966 were approved. Carried unanimously. Mr. Floyd Pickett was greeted at the meeting at this time. ` Mr. LeRoy Phillips, Chief of Police was granted the floor. Mr. Phillips discussed the need of a crossing watchman at Meadow- brook and Quaker Roads. The present watchman Mr. Ouderkerk has stated that very few children are walking to school at this time. Action will be taken following investigation by the Town Board. Councilmat Beaty stated that action should be taken to enforce the Junk Yard Ordinance at the location of Mulcahy' s Body Shop on Ridge Road. Lengthy discussion ensued on the possibility of abuse of the Mobile Home Ordinance by one G. A. Gonyea on Aviation Road. _ We, the undersigned residents of Oakwood Drive, hereby petition the Town Board, Town°of Queensbury, to take appropriate action to prevent the use of our street as a bridal path by commercial stables. 1. The horses are a health hazard in that horse dung draws flies, generates a tetanus threat, And creates a very un- pleasant odor. 2. There: are 30 small children living on our street. Since the horses are offered for hire to all comers, the riding skill of many riders is questionable, and represents a hazard to the safety of our children. 3. The accumulation of horse dung litters the street and detracts from the efforts of the residents put forth to maintain the beauty of their homes. 4. The horses°are a public nuisance in that they disrupt the quiet, residental nature of our neighborhood, restrict the activity of our children, and dig up the road shoulders. ° The petition containted the signatures of 17 residents of the area. The clerk presented an application to locate a mobile home on Leo Street, prepared by Mr. Joseph R. Lewis. WARREN. COUNTY MNICIPAL CENTER Lake..George;. N. Y.. Department " July 2'8, 1966 Lawn To: John 0. Webster, Supervisor Re: Riding of horses on town highways You have stated to me that some person has -apparently leased a lot on Route 9 about opposite- the outdoor theatre and -has placed saddle-.horses -for hire on -.the lot. You have told .me that, you have received complaints from property owners on town highways in that area that persons riding these horses have caused damage to their lawns and you. have asked whether there is any action which maybe taken by the Town.'Board to prevent this alleged damage or to prevent the operatiot of this temporary riding stable on this lot. All town highways are for public useby vehicles, animals and pedestrians and I know of noway in which your Town Board can prevent the riding of horses on town highways. it is my observation that in subdivisions where the town highways,have been paved, the property owners have graded their lawns frc their front property lines across- the town highway property to,.the pavement and have used that portion of the town highwaywas though it belonged to them. I suspect that persons riding horses along the shoulder of these town highways have damaged these. lawns, on town property-.and that this is the basis of the complaint. In the absence of a zoning ordinance or an ordinance requiring a` tawn permit for the carrying on of a business in the town, I see no way in which you can prevent the use of this lot for^a temporary riding stable. F You have, asked about the possibility of an injunction restrain- ing the operation of this riding,stable on the basis of a public nuisance. The operation of a riding stable, whether on Route 9, Bay Road, or some other location, is a legitimate enterprise unless the operation itself is,carried on in a manner which endangers life or health of the public. There are, no dwellings in the immediate vicinity of this lot on Route 9 and the business properties in that vicinity are at some distance. Certainly public health is not involved There is nothing immoral about. & riding stable so tar as J can. see. The presence of animals on this lot, except for the size of the lot, is':no,.different than the presence of animals in Animal Laud or the T-T riding stable on Bay Road. The attraction of persons. and .vehicles to,. the riding stable area-.is small compared to the congregation to the of persons and.vehicles at Story Town-. I just cannot see my basis on which a claim can be made that this particular riding stable operatics is a public nuisance. Subdivision 13 of Section 136 of. the Town Law authorizes a Town Beard to provide by ordinance for the licensing, and. otherwise regulating the running, operation- or conducting the business. o.f . r.: riding stables, riding academies�or similar establishments fm ,the town. You do not now have such an ordinance but you can adopt one. In order to make such' an ordinance enforceable, it would have to establish some standards which would' be reasonable in character and apply to all riding stables in the town. If an applicant for a license to operate a riding stable failed to. , . comply with these standards, then a license could be refused. Youc could not legally refuse a license simply because you did not like the operator, or because he is anon-res3Ldent or same similar reason. The action of a public official or board in denying a license can be reversed by a court-If the refusal is arbitrary or capricious. The State Liquor Authority has been reversed on many occasions *#&-ord'er tol''issue` a 'license where the court held there was insuf€ic *ht "reason for the refusal. I mention all- thi you will' understand that" your pros t problem may'not be solved simply by the `adoption of an cce. Labor Da soon be h will 'f.• ere =arid I am- sere this transient op eratiefi gone. . The new zoning ordinance- will- be adopted before another -summer comes around and that should take care of the situation. j Albert E. Beswick County Attorney Mr. F by# Pickett was granted the floor. Mr. Pickett questioned _ the Town Board at length'on the problem of dogs barking at night. Supervisor'Websterr''explaiTied that ,the enfQrcement.of the ordinance to confine dogs at night is a duty of the Warren County Sheriffs Department. . . A letter was received and placed- on file from Niagara Mohawk Power Company, which authorised the Town of Queensbury to construct new traffic signals on Aviation Road. RESOLUTION N0-* 189 introduced the following resolution and moved, its.adoption seconded' by Mr. Turner, REVENUE ANTICIPATION NOTE RESOLUTION OF JULY 28, 19661 OF-THE TOWN .OF .QUEENSBURY, WARREN..COUNTY, NEW. YORR, .IN THE AMOUNT F OF $159000.00 Be it Resolved this 28th day of July, 1966, by the Town Board of the Town` of Queensbury, Warren County, New York, as follows: Section 1. That, pursuant to the Local Finance Law of. :the State of New York,. the Town of.Queensbury, in anticipation of the collection of _a specific revenue other than real estate taxes or '. assessments, to wit: water rents in the Queensbury Water District, to becoise"'due and payable during" the• fiscal -year commencing January 1, 1966, shall issue and_ se11 •a revenue anticipation note- in.-the amount of $'15,000,00 to mature on December 15 1966. Section 2. That the amount of the uncollected specific revenue aforesaid, . to wit: the water rents to be collected in the Queensbury Water District, against which said note is authorized to be issued is as df the date hereof in •excess:of $20-,000.00 and ' that 'there are no other outstanding tevenue. anticipation notes issued in anticipation of the receipt of such revenue.. Section 3. That, except as herein specifically prescribed, said note shall be of the date, terms, forms, contents and place of payment and at a rate of interest not exceeding three and one-half per cent per annum as may be determined by the Supervisor, consistent, i however, with -the provisions- of -the said ,Local Finance Law of the State of New York., Aud shall be executed .in the name of the said j Town of Queensbury by the Supervisor and the seal of the Town shall be attached thereto and attested by the Town Clerk. Section 4. Said note shall be" sold at private sale -by the Supervisor at a price of not less than par value and accrued in- terest, if any, and tVan the due execution and sale .of said note, . the same shall be delivered to the purchaser upon the payment by him to the~supervisor of. the purdhase price in cash and- the re ceipt of the Supervior -shall :be, a.,full :acquittance to ;such '.pur ` chaser :who; shall not :be obliged tot see. to.-the. application- of_the t fI purchase. money, 4 Section 5. The .full faith acid credit of the :Town of Queensbury, Warren,jCoxknty,, New.- York, are pledge& to the:.punctual payment of the principal of and interest on said note. Section. 6, ` The zesolution shall take effect immediately. i The foregoing resolution was duly put to a vote which j resulted 'as follows*- john 0. ; Webster, Supervisor Yes N;: °Harwood ileaty, .Counc ilman� : Ye s Qurtis,Lamp-son,=. Cbunc loan . :Yes Theodore Turner, Councilman Yes Hammond Robertson, Jr. :Councilman Y ROBERT A', REID, M.D.: ., . S Harrison Avenue, Glens Falls, New York f , July 9, 1966 . Dear Members of theTown B oard of Queensbury, I recently examined a septic tank system upon the request of Mrs. Purner, 195 Sherman Ave., Edens Falls7. ;The system in question is situated .on a .lot between -195 and 19.7:- Sherman-Ave. This sewerage system serves some 9 people, according to Iir. Purner's estimate. After examining the area of the tank and its :drainage field, I must conclude that the system is grossly inadequate to serve the needs of 9 people. r Apparently, the ground;.-is usua..ly wet,•._., makeing_ it espacially attractive to dogs and children. Although the owner has recently cooperated-.to; the extent of- removing all material, -from the,.septic tank,,-,'a mere: 20 feet,, away :there exists, a.-, larger hole through .which effluen3t ordinarily --bubbles Ito: ,the. surface, The ground were was very wet and I have every reason to. believe that asisoon as the septic tank fills 'again, ,the same situation will reoccur. Such a situation is a defini-te,;health mace, -Sincerely yours, Robert A. Reid, M. D. Councilman Beaty- reported on the a esults of investigation of. a possible Junk Yard condition on lands of-:Mrw. Edward Gray ,= Route 9. and Lawton Avenue,, Mr. Gray agreed to make changes in -the appearance of the lands to 'conform with the recently adopted 'Junk Yard Ordinance. . Councilman Beaty.:reported on..the activity, -of- the Recreation Commission I of. the Town-,of Queeasbury. . X.. Beaty. stated, !tllat the. expenditures of the -commission:,have exceeded the budget:as ,prepared,by the amount of $270Q.00.' : _ _ . RESOLUTION TO AOTHORIZ& PERMIT FOR MOBILE HOMES' 457 RESOLUTION NO. 190, introduced by Mr. ,Turner,- seconded by- Mr. Lampson. WHEREAS,/ Adele M. "Tucker 'of R;F,D; •#2 Division -Road, West :-Glens -Falls, New,-.York, has :made.:app:li 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 MQB1M: HOW- COURTS IN THE TOWN. OF� QUEENSBURYj WARREN COUNTY, NEW YORK,-, to locate a - mob :e home outside. of a: duly :licensed mobile home court 'at' property situated, last..three. 16ts on East Side of ,Division"road,. ands- WHEREAS, this town board has conducted a public hearing in connection with, said application and has 'heard all persons desiring td be heard in Uvor 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, for the following reasons;; There were,-no personns in a#pearancey.in opposition to the granting of-. the permit. The :bui:ldiI g inspector-approved the application. The "Town Board is aware that there are other mobile homes in the area, :therefore be it RESOLVED, that pursuant. .ta -the provisions of the above mentioned ordinance, permission is hereby given to Adele Tucker to locate a mobile home outside of a licensed mobile home court at property situated at .R,F.D. #2 Division Road, West Glens Falls, New York, and that the_Town Clerk is hereby authorized and -directed to issue such permit in accordance with the terms and conditions of said ordinance. 1 Duly adopted by the falowing wove,: .: Aayes' - 'Mr, Beaty, Mr. Turner, Mr. Lampson, Mr. Robertson and . . Mr Webster. i t Noe s -- None,.-. RESOLUTION TO AUTHORIZE PERMIT FOR MOBILE HOME• , #58 j 1 RESOLUTION- NO:,-.191,: introduced by Mr'.. Turner,,- .-seconded, by -Mr.;. Lamp son. WHEREAS,- Morma:- J.� Washburn' of R.F.D; #3 Luzern Road,.,West Glens, Falls, New',Yort. ..Ms- made.' application -in accordance with. paragraphv, 2t (c) Section- 4, of= an ordinance, of-the Town •of. Queensbury entitled ORDINANCE FOR THE REGULATION OF.-MOBILE HOMES. and,MOBILE. HtINE. COURTS IN IM TOWN 'OF, QUEEN MURY'i_' 'WARREN :COUNTY, NEW YORK,' .to locate.:a. .mobile ome outside of a duly licensed ,mobile .home._aodrt at, property situated - Pldt 60 `x82' - 100 feet North of the Luzerne Road, and ' WHEREAS, this town board has conducted a public hearing in connection with_ said application'- and has heard, all- persons. desiring. t©:.he. heard in favor of or against, said yapplication, and WHEREAS, .it is 'hereby determibed; the facts presented in said application and at said public hearing are sufficient to authorize the issuance of the permit requested by said.,application, for the following reasons: There were no persons present in opposition to the granting of the permit. It in the opinion of the Town Board and the building inspector that property values in the area would not be adversely effected, therefore be it i RESOLVED, thatpursuaht to the provisions of the above mentioned , ordinance permission is hereby given to Norma J. Washburn of R.F.D. #3 Luzern' Road, West Glens Falls., New York, to locate a mobile homa outside` of._ a licensed mobile._home court, at property situated at a 'Plot 60 x 82' - 100 feet North of the Luzerne Road, and that the Town� Clerk is hereby authorized and directed to issue such permit in' aedordance with the terms and- conditions of said ordinance* Duly adopted by' the,:following vote I Ayes - Mr. Beaty, W. Turner, Mr. Lampson, Mr. Robertson and Mr. Webster. Noes - None RESOLUTION TO AUTHORIZE PUBLIC HEARING RESOLUTION NO. 192, introduced by Mr. Turner, seconded by Mr. Lampson. WHEREAS, Joseph R. Lewis of,58 SainiuStreet, Hudson Falls, New York, has made application in accordance with paragraph 2 (c), Section 4, of an ordinance of the Town of Queensbury entitled ORDINANCK,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 7 Leo Street,' West' Glens FAlls; 'New York, and WHEREAS,, it •is hereby determined that said application complies witit the re `irements 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, therebore be it - f RESOLVED . that pursuant to the provisions of the above mentioned ordinance, the town board shall conduct a public hearing on ' said application on August 11, 1966 at 700 p.m.' in the library of Queensbury Junior High School, Aviation Road, acid that the Town Clerk is hereby authorized and directed to give 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 On motion the meeting adjourned. Respectfully submitted George C.-Crannell, Town Clerk Town of Queensbury i i i i I r