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1965-06-10 90 (Resolution No. 132 - continued) WHEREAS- is- hereby determined that the facts. presented in said application and -at said public hearing are sufficient to authorize, the issuauEe o�f. the permit requested by said -application,, for the following reasons: No persons appeared in. opposition, to the granting°.of the permit. There are other mobile homes in the area. The Building Inspector has voiced his approval for the granting of the permit following investigation. • Zt i&,the belief. of the Town. Board,. that, there will be no adverse effect -an:property �values in the;area by granting the permit, therefore be it. w - RESOLVED, that pursuant to the provisions of the above mentioned — ordinance, permission is hereby given to Stanley Robinson.to locate a mobile home outside of a licensed mobile:-home c_ourt,. at property situated at Burch Road, directlyhaeross, ftom.George Suter and that the Town Clerk is hereby authorized and directed to issue such permit in accordance with the- terms -and cmditions-,of said ordinance. , Duly adopted by the following vote: Ayes Mt. Beaty, Mr. Turner, Mr. Lampson, Mr. Robertson and Mr. Webster. Noes, - None On motion the meeting adjourned. Respectfully submitted George C.° Crannell Town Clerk Regular Meeting June 109 1965 Present: r John' 0..Webster Supervisor N. Harwood Beaty Councilman Theodore Turner Councilman Curtis Lampson -Councilman e Hammond Robertson, Jr.. Councilman The meeting was called to order at: 7:30 p: m. Supervisor Webster greeted the following visitors: Attorney Donald Borth Mr. & Mrs. Milton S. Mead Mr. Harold`Woodruff, Mr. & Mrs. Harold D.' Wells Mr. & Mrs. Dean Howland Mr. Harley G. Blessing Mr. & Mrs. Stanley Goodwin Attorney Arthur Greenberg'., ' Mr. & Mrs. Fred C. Nicholson Mr. & Mrs. Stewart P. Whiting Mr. Wallace H.° Cowan Mrs. Paul,Hillman, Dr. Richard C. Tefft-, ,Jr. Mr. Homer Churchill Mr. & Mrs. W. . Calvin Ridley Mr. & Mr. Alger.Mason Mr, &,Mrs. R. H. VanPatten Merrill-Fogg Mr. & Mrs. William C. .Sherman Mr.. Paul E. Cushman, Mr. &• Mrs. John Cragon Dr. & Mrs. Colgate Phillips Mr. Guy A. Damiano Mr. & Mrs.- John Schulerman Mr. Allyn McIntire Mrs. Lydia Edwards Dr. & Mrs. James J Sweeney Bernard J. Coduar - Supt.. Highways Mr. & Mrs. Byron Holmes Atty. Albert E. Beswick Mr. & Mrs. M.D. Matthews ' ' LeRoy Phillips - Chief of Police Thomas K. Flaherty - Water Supt. The clerk presented proof of publication of the notice. 9 i Supervisor Webster declared the public hearing open. at 7:40 p. m. The following persons spoke in favor of the adoption of the ordinance to establish a residential area within the Lake George Park at Cleverdale, New York. Mrs. Katherine Phillips Mr. Allyn B. McIntyre Dr. Richard C. Tefft, Jr. Mr. Alger Mason Mr. Calvin Ridley Mr. Wallace Cowan Mr. Homer Churchill Atty. Donald Borth The following persons spoke in opposition to the adoption of the ordinance to establish a residential area within the Lake George Park at Cleverdale, New York Atty. .Merle Fogg Atty. Arthur Greenberg representing Mr. Dean Howland Mr. Dean Howland Mr. Fred Nicholson Supervisor Webster discussed the petition as presented to the Town Board. Councilman Robertson discussed the ultimate effect of the proposed zoning on each property owner. Mr. Robertson explained the value of the variance which has been inserted in the ordinance at another location, Supervisor Webster read the variance as included in the ordinance for the establishing of a residential area on Plum Point. Atty. Albert E. Beswick discussed the legality of inserting the variance into the proposed ordinance for the Cleverdale section. The following communications were read by the clerk. Merle N. Fogg, Jr. 1225 Union Street, Schenectady, New York June 2, 1965 Mr. George C. Crannell, Town Clerk Town of Queensbury Warren County, New York Re: Regulation 105 Establishment of a residential area on Cleverdale and Rockhurst, Lake George, N.Y. Dear Sirs: The undersigned is a property owner on Cleverdale, Lake George, New York, on the corner of Gunn Lane and Cleverdale Road. A copy of the above resolution has been received and contents noted. The resolution as drafted does not conform to the language of 281 General Municipal Law,. Paragraph #2. The material that does not conform is contained in the second 'Whereas' paragraph. Section 281 states that the resolution shall contain,t1 "a statement of the uses of real property for industrial and commercial purposes which are proposed to be prohibited, restricted, regu- lated-and controled, or, a statement that it is proposed to limit the use of all real prop- erty to use for one or two family residential purposes, or to use for one or two family resi- dential and non profit recreational purposes 92 within the said proposed area xxx". Comparing the language of the statute with the. language in the proposed resolution, the variance and irregularities becomes clear. BREACH OF FAITH, now appears to have entered the picture. When the petition was circulated among the property owners last summer at Cleverdale, the avowed intent was to prohibit a night club and drinking establishment or a pizza parlor with drinking, etc. Now, the proposal has gone way beyond the original proposition submitted last summer. At the time I purchased my property on Cleverdale, . the only restrictive covenant contained in the deed was that no alcoholic or malt beverages shall be sold on the above described premises for consumption upon said premises. I paid for and accepted this restriction. Any other restriction I shall view as confiscatory and lacking in due process. Partic- ularly, as my property is directly effected by the 19 acres across the road from me which was purchased by the State as the Sandy Bay Plot. If the state of New York turns this area into a camping ground or boat launching site with a non-profit recreational purpose, such use would directly and adversely effect my ownership in my lots and-land and in which event I would desire to dispose of my property to any interest, individual or commercial capable of paying the asking price. - In conslusion, for the reasons hereinabove set forth, I must oppose any restrictive zoning adversely effecting my land other than that contained in my deed. Very truly yours, Merle N. Fogg, Jr. County of Schenectady , OFFICE OF THE COUNTY ATTORNEY Schenectady, New York June 7, 1965 Town Board Town of Queensbury Warren County, New York Re: Public hearing on Zoning of Cleverdale Gentlemen: As a property owner on Rockers Point, Cleverdale, I strongly urge that the proposed zoning plan to establish Cleverdale as a residential sone be adopted and-put into effect. Taking this step at this time would insure this beautiful area to remain that way for a long time to come. Thank you for your consideration. Respectfully, W. ALBERT DE MATTEO 9 Supervisor Webster reported to the group that, following an informal poll of the opinions of the members of the town board, the ordinance will be prepared and presented for adoption as requested by the original petition. Supervisor Webster declared the Public Hearing closed at this time. Mr. Joseph A. Kestner, Jr. , Engineer for the Queensbury Water District was greeted by the Town Board at this time. Supervisor Webster declared the public hearing open on the application of Amos B. Tracey to locate a mobile home outside of a duly licensed mobile home court at 9:00 p. m. The following visitors were greeted by Supervisor Webster in the interest of the above mentioned public hearing. Mr. Amos B. Tracey Mr. Otis Bowman Mr. & Mrs. John Whalen Mr. John Saliva Mr. Fred Stranahan Proof of Publication was presented by the Clerk. Reading. of. the notice was dispensed with at this time. _ The following persons spoke in opposition to the granting of the permit to Mr. Tracey. Mr;. .Ot i s ,.Bowman Mr. & .Mrs. John Whalen Mr John Salvia Mrs. Ruth Swanson voiced objection via-telephone to Supervisor Webster. The following person spoke in favor of the granting of the permit. Mr. Amos Tracey All persons desiring to be heard were heard, The Supervisor declared the hearing closed at 9:40 .p. m. . Supervisor Webster stated that a decision in the matter of approval or disapproval will be made at a later date. RESOLUTION NO. 133, Mr. Beaty introduced the hollowing resolution and moved its adoption, seconded by Mr. Robertson. Whereas, it is provided by. Section 220 of the Town Law that upon the adoption of a resolution therefor, subject to permissive referendum, a town board may construct a town hall and. acquire necessary lands therefor, and the need for a town hall in the Town of Queensbury is becoming increasingly apparent with the rapid growth of the town, and Whereas, the Town Board established a capital reserve fund in which there is presently an amount sufficient-.to .pay a. sub- stantial part of the cost of a town hall and purchased a parcel of land on Aviation Road as a possible site for a town hall, and Whereas, the Glens Falls Insurance Company is the owner of the former Fowler farm on Bay Road and has made a gift of a sub- stantial tract on the east side of Bay Road and south of Haviland Road as the site for the permanent campus of Adirondack Community College, and the Town Board made inquiry from the officers of the Glens Falls Insurance Company as to whether the parcel of land 94 (Resolution No. 133 - continued) lying easterly of Bay Road and northerly of Haviland Road could be purchased by the Town as a site for a town hall and has obtained a commitment for the sale of parcel of about 12 acres for a price of $10,000.00, and Whereas, the Town Board has given serious consideration to the relative merits of the proposed site on- Aviation. Road and the Bay Road site and referred the matter to the Town Planning Board for a study and report, and the Planning Board has recommended to the Town Board the Bay Road site be selected as being preferable to the Aviation Road site and the Town Board has likewise made a determination that the Bay Road site is more centrally located,' has a larger area and with the construction of the Adirondack Community College and the improvement of Bay Read by the County from Quaker Road to Haviland Road will be generally a better site than the Aviation Road site, and Whereas, it appears that the Aviation Road- site may be desirable for development as a recreational area in view of the density of population in that area where there are presently no recreational facilities available or, if it should be determined that the Aviation Road site is not needed for any town purpose,..., it can be sold for a price in excess of the amount paid by the Town, be it RESOLVED that, subject to permissive referendum, ,the Town of Queensbury purchase from the Glens Falls Insurance Company a tract of land containing 12 acres, more or less, bounded- on the west by Bay Road and on the south by Haviland Road for a .price of $10,000.00 as the site for a town hall, and be it .further RESOLVED that the Town Clerk be and he hereby is authorized and directed to give notice of the adoption of this resolution in the manner provided by law. Duly adopted by the following vote: Ayes - Mr. Beaty, Mi. Turner, Mr. Lampson, Mr. Robertson and Mr. Webster. Noes - None The Town Clerk will publish the Notice in the following form: Notice is Hereby Given that the Town Board of the Town of Queensbury, Warren County, New York, at a regular meeting thereof held on the 10th day of June, 1965, adopted a resolution, subject to permissive referendum, for the purchase by the Town of Queens— bury from the Glens Falls Insurance ,Company fora price p.f_ $10,000.00 of a parcel of approximately 12 acres of land located on the east side of Bay Road and on the north side of Haviland Road in said Town as the site for a town hall which the Town Board proposes to construct thereon. By order of the Town Board of the Town_. of Queensbury.. Dated: - June 10, 1965 --' George C. Crannell Town Clerk 95 The Monthly Report of the Supervisor was received and placed on file. The total Receipts for the month of May were $33,662.57, the total amount of Disbursements for the month was $40,889.46. RESOLUTION APPROPRIATING SURPLUS FUNDS TO ITEM #3-;''OF THE HIGHWAY FUND IN THE CURRENT BUDGET RESOLUTION NO. 134, introduced by Mr.. Lampson, seconded by Mr. Turner. WHEREAS, this board has deemed it adviseable to authorize purchase of a back hoe 'for.u<se in- the highway department and the purchase of this equipment was not anticipated in the 19,65. highway budget, and WHEREAS, there remains a sufficient balance of surplus funds not yet appropriated for e-xpmediture in the highway fund, resulting from a 1964 year end balance of $6,182.12 in highway fun4, Item, #3 not anticipated in the 1965 budget, now therefore be it RESOLVED, that surplus .funds in the amount of $3,000.00 be and they same are hereby appropriated to the highway fund item #3, Purchased of Machinery, thereby increasing said appropriation from $15,000.00 to $189000.00. Duly adopted by the following vote: Ayes- Mr. Beaty, Mr. Turner, Mr. Lampson, Mr. Robertson and Mr. Webster, Noes - None RESOLUTION AUTHORIZING HIGHWAY LIGHTING RESOLUTION NO. 135, Introduced by Mr. Turner, seconded by Mr. Robertson WHEREAS, it is hereby determined that a dangerous .highway condition now exists at each of the following intersections: State Route -9L (Ridge Road) and Town Road 261 (Meadow Lane) State Route 9L (Ridge Road) and Town Road 21 (Rolling Ridge) State Route 9L (Ridge Road) and. Town. Road f2.5. (Chestnut Ridge Road) State Route 9L (Ridge Road) and County Road 17 (Haviland Road) County Road 7 (Bay Road) and County Road 17_ (Haviland Road) County Road 7 (Bay Road) and Town Road 20 (Cronin,Road) THEREFORE BE IT RESOLVED, that a 175 watt mercury corrected white highway light- be authorized for installation at these ,intersections, and that the Town Clerk be and he hereby is authorized and directed to contact the Niagara Mohawk Power Corp. and make all necessary arrangements so that these authorized highway lights may be installed. Duly adopted by the following vote: Ayes ­Mr. Beaty, Mr; Turner, Mr. Lampson, Mr. Robertson and Mr. Webster Noes - None- A lengthy study of the proposed Bay Road Water District took place at this time. The proposed Route 9 .Water District was also discussed, with Mr. Joseph A. Kestner, Jr. tating part. The Town Board in its entirety with.Thomas K, Flaherty, Superintendent of' Queensbury Water District discussed the problem of supplying water to the Warren County .Health Camp on Gurney Lane, on a seasonal basis. Mr. Kestner discussed his plans to accomplish same. 96 The application of Mrs. Elizabeth Minor and Mrs. Patricia Ann Schenk were presented- by the clerk, to request a permit to locate a mobile home outside of a duly licensed mobile home court. RESOLUTION N0. 136, introduced by Mr. Robertson,, seconded by Mr. Turner. WHEREAS, Patricia Ann Hermance Schenk of Upper Sherman Avenue, has made application in accordance with paragraph 2 (c) ,_ Section 4" of an ordinanceof 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 locatea mobile home. , outside of 'a duly licensed mobile home court at property-situated Upper Sherman 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 June 24, 1965 , at 7 :30 p.m. in the library of Queensbury Junior High School, Aviation 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. 137, introduced by Mr. Robertson, seconded by Mr. Turner. WHEREAS, Elizabeth Minor of 16 Library Avenue, Warrensburg, New York, has made application in accordance with paragraph 2 (c) , Seetion 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 hone, outside of a duly licensed mobile home court at .property situated Bennett Road off Aviation 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 fats 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 June 24, 1965 , at 7:45 p. m. in the library of QueensburyiJunior High School, Aviation 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 97 RESOLUTION NO. 138, introduced by Mr. Beaty, seconded by Mr. Robertson. RESOLVED, that the Audit of Claims as listed in Abstract #65-6 numbered #532 through #§Il inclusive and totaling $24,637,52 is hereby approved. Duly adopted by° the following vote: Ayes - Mr. Beaty, Mr. Turner, Mr. Lampson, Mr. Robertson and Mr. Webster. Noes - None On motion the meeting adjourned. Respectfully submitted George C. Crannell " Town Clerk Special Meeting June 17, 1965 Present: John 0. Webster Supervisor Theodore Turner Councilman Curtis Lampson " Councilman N. Harwood Beaty Councilman Hammond Robertson, Jr. Councilman The meeting was called to order at 7 :35 p. m. Visitors greeted were as follows: Harold Rathbun - Visitor H. Russell Harris - Visitor Bernard J. Codner - Superintendent of Highways Thomas K. Flaherty - Superintendent of Queensbury Water District William Richardson - Visitor Bernard Zovistoski - The Post Star "Bucky" Corlew - Deputy Highway Superintendent LeRoy Phillips - Chief of Police Mr.. Arthur. Dawes - Mott Manbeck Machinery Co. Leon Nassivera - Chairman Board of Assessors Mr. & Mrs. James Varnum - Mobile Home Permit Supervisor Webster declared the public hearing open on the application of John H. Dingman, to locate a mobile home outside of a duly licensed mobile home court at 7:35 p. m. Proof of publication was presented by the Clerk. Reading of the notice was dispensed with at this tame. The application of John H. Dingman was read by the clerk. The following person spoke in opposition to the granting of the permit. Mr. Leon Nassivera The following persons sopke in favor of the granting of the permit. None . Mr. William Richardson questioned the Town Board as to the rulings of the ordinance. Lengthy discussion ensued. Supervisor Webster declared the public hearing closed at 7 :45 p. m. Following discussion it was the decision of the town board, that Mr. Dingman should be consutled as to his future pla4$ ,t9 do with the length of time that the mobile home will be at this location.