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1965-07-01 SP 117 Special Meeting July 1, 1965 Present: John 0. Webster Supervisor N. Harwood Beaty Councilman Theodore Turner Councilman Curtis Lampson Councilman Hammond Robertson, Jr. Councilman The meeting was called to order at 7:30 p. m. Supervisor Webster greeted the following visitors: Juliette Ellingsworth - League of Women Voters Mr. & Mrs. Charles Trombley - Mobile Home Mr. & Mrs. Bernard Davignon - Mobile Home Mr. Harold Woodruff - Lake George Park Commission Atty. -Donald Borth - Lake George Park Commission Thomas K. Flaherty -- Superintendent of Queensbury Water District Bernard J. Codner - Superintendent of Highways Bernard Zovistoski - The Post Star Mr. & Mrs John Finch - Visitor Mr. "Toby" Poti-Vin - Visitor Supervisor Webster declared the public hearing open on the Ordinance Establishing Cleverdale Residential Area i-n the Lake George Park Commission at 7:30 p. m. Proof of publication was presented by the clerk. The Notice as published was dispensed with at this time. The following persons spoke in opposition to the adopting of the ordinance. None. The following persons spoke in favor of the adoption of the ordinance. Attorney Donald'-Borth Mr. Harold Woodruff Attorney Borth expressed appreciation to the members of the Town Board for handling of the procedures which have resulted in the adoption of the ordinances for Assembly Point, Plum Point and Cleverdale areas of the Lake George Park. Supervisor Webster declared the hearing closed at 7:40 p. m. RESOLUTION NO. 158, Mr. Robertson introduced the following resolution and moved its adoption, seconded by Mr. Turner. WHEREAS, pursuant to Article 13-C of the General Municipal Law, a petition was presented to the Town Board of the Town of Queensbury for the establishment of a residential area on Cleverdale, and a public hearing was held on such petition and following such hearing this Town Board adopted a resolution making the determinations required by said Article 13-C and directed the preparation of a proposed ordinance to establish such residential area, and WHEREAS, a proposed ordinance establishing the Cleverdale residential area in the Lake George Park was presented to this Town Board for its consideration and a public hearing was held on such proposed ordinance by the Town Board on the lst day of July, 1965, at which time several persons appeared in favor of such proposed ordinance and no one appeared in opposition, be it 118 (Resolution No. 158 - continued) RESOLVED that the form and contents of a proposed ordinance entitled "Ordinance Establishing Cleverdale Residential Area in the 'Lake George Park", be and the same hereby is approved, and be it further RESOLVED that it be Enacted and Ordained by the Town Board of the Town of Queensbury, Warren County, New York, as follows: ORDINANCE ESTABLISHING CLEVERDALE RESIDENTIAL AREA IN THE LAKE GEORGE PARK Be it Enacted and Ordained by the Town Board of the Town of Queensbury, Warren County, New York, as follows: _ Section 1. The word "person" as used in this ordinance shall include an individual, society, - firm, club, partnership, corporation or association of persons, and the singular number shall include the area. The words "residential area" shall have the meaning intended and provided by Article 13-C of the General Municipal Law. The legislative intent in the adoption of the ordinance shall be as set forth in Section 280 of the General Municipal Law. Section 2. Pursuant to the provisions of Article 13-C of the General Municipal Law, there is hereby established a residen- tial area in that portion of the Town of Queensbury wholly within the Lake George Park bounded and described a"s follows: Beginning on the westerly shore of Warner Bay at the northeasterly corner of lands of F.Rae Suprenant, running from thence in a westerly direction along the northerly bounds thereof to the northwesterly corner thereof; running from thence 'southwesterly to a point on the southerly bounds of lands con- veyed by Alice West to Leander and Sally Dickinson in 1953, said point being at the intersection of the said southerly bounds of Dickinson with a ° straight line drawn northerly from the northeasterly corner of lands of Charles and Betty Smith through the northwesterly corner of lands of Robert R. LaPan; running from thence southerly in a straight line, passing through the northwesterly corner of the said lands of Robert R. LaPan and continuing to the north- easterly corner of the lands of the said Charles and Betty Smith; thence running westerly along the .north- erly bounds of the said lands of Charles `and Betty Smith 234.66 feet to the northwesterly corner there- of; thence running southerly along the westerly bounds of the said lands of Charles and Betty Smith to the northeasterly corner of lands of Waldo and Ruth Ross; thence running westerly along the north- erly bounds of the said lands of Waldo and Ruth Ross and along the northerly bounds of lands of one Hill to the center of Cleverdale Road; thence running in A straight line in a southwesterly direction to a point where the northeasterly or easterly bounds of -- the lands of Clifford Witham intersects the shore of Lake George; thence running northerly, easterly and southerly, following the shore of Lake George around Cleverdale and Rockhurst to the point of beginning. 119 @AIM . ,On--a6d, after ;the -*ffecttiv! -date off--thin c ordinance, no person shall use any real pro 's- WU-htf 4M f d-r aries of the aforesaid residential area for any industrial com- mercial purposes except that any residence within the said residen- tial area may be leased or rented for single private family resi- dential purposes, but this ordinance shall not apply nor prohibit a non-conforming use .in existence at the time of the effective date of this ordinance. Section 4. If the Town Board of the Town of Queensbury shall hereafter adopt and enact a general zoning ordinance for the entire,Town of Queensbury and any provisions of such general Boning ordinance relating to the.use of real property in the said resi- dential area established by this ordinance shall conflict with or be inconsistent with any provision of such general zoning ordi- nance, the provisions of such general zoning ordinance shall supersede the provisions of this ordinance and shall govern the use of such property. Section 5. The Town Board of the Town of Queensbury shall have the power to grant a proper and appropriate variance from ithis ordinance to authorize or permit a necessary or desirable use of land or prevent unnecessary hardship in an individual or particular instance. Such variance shall be by resolution adopted by an affirmative vote of a majority of the total membership of the town board and a variance shall be granted only after a public . hearing. Notice of such public hearing shall be published once in the official newspaper and posted on the bulletin board of the Town Clerk. Such notice shall contain the name of the owner of the property for which a variance has been requested, a sufficient description to identify the particular property for which a variance has been requested and a concise statement of the parti- cular proposed use for which the variance has been requested. The application by an owner to the Town Board shall be by written -- petition which shall contain the foregoing information. Section 6. A violation of this ordinance shall be an offense punishable upon conviction by a fine not to exceed One Hundred Dollars or imprisonment for not to exceed sixty days, or both, and each calendar week' s continued violation shall consti- tute a separate additional violation. In addition to the fore- going penalties provided for a violation of this ordinance, the Town Board of the Town of Queensbury shall have the right to apply to any court of competent jurisdiction for an order to restrain and- enjoin any proposed or threatened violation of this ordinance. Section 7. This ordinance shall take effect immediately. Duly. adopted by the following vote: Ayes - Mr. Beaty, Mr. Turner, Mr. Lampson, Mr. Robertson and Mr. Webster Noes - None I. George C. Crannell, Town Clerk of the Town of Queensbury, Warren County, New York, do hereby CERTIFY that 1 have compared the foregoing with the Ordinance Establishing Cleverdale Resi- dential Area in the Town of Queensbury, Warren County, New, York, as adopted at a meeting of the Town Board of the Town of Queens- bury, held on the lst day of July, 1965 at- which a quorum was present and that the same is_ a correct transcript therefrom and of the whole original thereof to date. Witness my hand and the corporate seal of the Town of Queens- bury on the 3rd day of July, 1965. " - George C. Crannell, Town Clerk To,Trm of Queensburv, 120 The minutes �d f`..°tom i A` f, .T2 T Carried unanimously. Supervisor Webster declared the public hearing open on the application of Bernard and Edith Davignon, to l:"_cate a mobile home outside of a duly' licensed mobile hone court at 8:00 p.m. Proof of publication was presented by the clerk. Reading .o.f the. notice was dispensed with at this time. 1 The clerk read the application of Bernard and Edith Davignon, with the report of the building inspector. The fllbwing persons spoke , in opposi ft-6n to the granting of, the permit'. None The following persons spoke in favor of the granting of the permit. 19e-ae Mr. Davignon stated that the property where the Mobile dome will be located, will be transferred by deed at an early date. Councilman Robertson elaborated on the fact that the location proposed for the mobile home is not a town road. Public hearing was declared closed by Supervisor Webster at. 8:12p.m. General agreement was reached, with all members of the town board, that the permit will be granted. The clerk presented an application of Samuel Wells to locate, a mobile- home outside of a duly licensed mobile home court under Section 4 Paragraph 2 C of the ordinance to control the placing of mobile homes within the Town of Queensbury. -- RESOLUTION TO AUTHORIZE PUBLIC HEARING RESOLUTION NO. 159, introduced by Mr. Robertson, seconded by Mr. Turner. WHEREAS, Samuel Wells of Lower- Maple Street, Hudson Falls, New York, has maderapplicationin 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 on Illinois Avenue, West Glens Falls, New York, and WHEREAS, it is hereby determine& that said application complies with the requirements of said ordinance, and WHEREAS, it is hereby determined that the-`fapps .presented s�a*'-eaidltl,-) 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 15th, at 7:30, p.m4 in the library of Queens- bury Junior High School, Aviation Road, and the 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 A letter mas,received ;and°rplaced on,,.-file.,from County :.fudge A. Robertson, which se;ued :t notify the r okras .. , Vd, a1 ou «a dangerous dead tree which should be removed in Rolling Ridge. The matter was referred to the Highway Department. Superintendent of Highways, Bernard Codner stated that the problem as stated by letter has been taken,-care of. Supervisor Webster declared the public hearing open on the application of Estella L. and Charles A. Troinbley, to locate a mobile home outside of a duly licensed mobile home court at 8:15 p.m, Proof of publication was presented by the clerk. Reading of the notice was dispensed with at this time. The clerk read the application of Estella L. and Charles A. Trombley, with the report of the building .inspector. The following persons spoke in opposition to the granting of the permit. None. The following persons spoke in favor of the granting of the permit. Mr. Charles A. Trombley, Mr. John Finch Mr. Charles A. Trolley, stated that the mobile home would provide a home for his aged mother. The mobile home would be located in the rear of his home with no access to the street by a roadway. Mr.­John-Finch, stated that he had .no serious reisitance to the granting of the permit. The subject of placing, the mobile home on the lot at a proper distance from the lot lines was discussed at this time. Supervisor -Webster declared the public hearing closed at 8 :30 p. m. TOWN OF QUEENSBURY Warren County, New York July 1, 1965 To the Town Board: ' On June 17, 1965, I found it necessary to discharge Lawrence Mattison from his employment in the Town Highway Department. Over. the years, I have hired a considerable number of men and my relations with such town employees have been generally good and I have had good cooperation from the highway employees. There have been occasions when an employee has been laid off and some have voluntarily quit because they found what they thought were better jobs but the payroll records show that there has been a small turnover. Ordinarily I would not bring such a matter to the attention of the Town Board but I have heard that Lawrence Mattison claims he was discharged because he is a member of a union. I want the Town Board to know that this is not true. As Town Superintendent of Highways, I am not concerned about the religion, politics, ,or other affiliation of any town employee in my department so long he performs his assigned work in a satisfactory manner. On May 11, I had reason to reprimand another employee and Lawrence Mattison interfered and told me that they, meaning the union, would take care of the matter at the Town Board meeting. 122 _ On =May' I4; -Lawrence Mattison, left-Alsajabf to catt13nd.oa meetittg' without'--any 'reVestt or-fibtfte fto anyotte jfw� Aut. :t On May 20, Lawrence Mattison was working with Loren Chatterton on a project on Aviation Road, I asked Lawrence Pratt, a driver, to pick up Mattison and Chatterton and go to another project to do some work. Lawrence Mattison started an argument and said that , Pratt had no authority to give him orders and that he would. give licking to Pratt or any others who might try to do so. - On June 17, .Lawrence Mattison left the Town Storehouse in the morning with Chatterton without requesting permission and finally came on the.job at 9:40 a. m. These incidents over the period of a month indicated to me that Lawrence Mattison has no intention of performing his duties in the same manner as other town employees and seems to feel that he is not subject to any authority. I am working for all of the taxpayers of the.Town of Queens- bury and I am sure they expect me to see to it that they get a fair day's work for their tax money spent for wages, and that ` I "intend ; , to do. Bernard J. Codner Superintendent of Highways Mr. Codner reported on the activity at the recent school for Highway Superintendent, which he attended recently at Cornell. University. at Ithaca, New York. Mr. Arthur Norton the engineer who has prepared plans for the proposed Town Office Building, was greeted by the Town Board at this time. The most recent plans were studied and approved by the Town Board in its entirety. — RESOLUTION TO AUTHORIZE BUS LEASE .AGREEMENT RESOLUTION NO. 160, Introduced by Mr. Beaty, seconded by Mr. Lampson WHEREAS, this board has here-to-fore given its approval to the summer recreation program developed by the Recreation Commission, and WHEREAS, this program includes the transportation of.-children enrolled in a swimming program from several parts of the Town of Queensbury---to Glen Lake, and. WHEREAS, the Queensbury Public School has agreed to lease two school buses to the Town of Queensbury for the months of July and August, 1965, for use in connection with this program for a sum of $1.00. Now therefore be it RESOLVED, that a lease .agreement between Queensbury' Union Free— School District #2, Town of Queensbury and the Town of Queensbury, as above described, .is hereby,authorized, and that the Supervisor is hereby authorized and directed to execute said lease on behalf of the Town of Queensbury, in form approved by County Attorney Albert E Beswick. Duly adopted by the following vote: Ayes - Mr. Beaty, Mr. Turner, Mr. Lampson, Mr. Robertson and Mr. Robertson. Noes - None RESOLUTION TO. AUTHORIZE_ TRANSFER OF FUNDS RESOLUTION NO. 161, introduced by Mr. Turner, seconded by Mr. Robertson WHEREAS, certain obligations of the Pershing Ashley Coolidge Sewer District Extension #4 become due and payable on July 1, 1965. , and receipts from benefit taxes are as yet insufficient to meet these obligations, be it - RESOLVED that the Supervisor is hereby authorized and directed to transfer the sum of $50.00 from the General Town Fund (Contingent) to the Pershing Ashley Coolidge Sewer District Extension #4 Fund, with the express understanding that said Sewer District Fund shall repay this sum of $50.00 to the General Fund after the tax money has been received. Duly. adopted by the following vote: Ayes - Mr. Beaty, Mr. Turner, Mr. Lampson, Mr. Robertson and Mr. . Webster Noes - None Superintendent of Highways, Mr. Bernard J. Codner recommended the acceptance of a .portion of Kiley Lane in Section 8 and 10 of the "Westland" development at this time. , RESOLUTION TO ACCEPT DEED FOR TOWN HIGHWAY RESOLUTION NO. 162, introduced by Mr. Robertson, seconded by Mr,Lampson WHEREAS, Mabel C. Ellsworth, Aviation Road, Town of Queensbury, has executed and offered a deed to convey to the Town of Queensbury land for a 50 foot roadway, being a portion of .a street known as Kiley Lane as shown on a map dated March 26, 1965 of a subdivision knowD as Section 8 and 10 of 91Westland" and approved ,by the Town of Queensbury Planning Board on May 5, 1965 and WHEREAS, Bernard J. Codner, Superintendent of Highways, has advised this board that he ,recommends the acceptance of this road into the town highway system, aid WHEREAS, the subdivider has installed the water mains in this street in a manner satisfactory to the Superintendent of-the Queensbury Water District, and WHEREAS, said deed has already been approved by County Attorney Albert E. Beswick, now therefore be it RESOLVED, that the deed of Mabel C. Ellsworth 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, that this new town road is hereby added to the official inventory of town highways, and is described as follows: Road # 279 Description: D.E. E TO TR 122 Name: Kiley Lane Mileage: 0.08 - RESOLVED, that a copy of this resolution be forwarded to the Warren County Highway Dept. , The N.Y. State Dept. of Public Works, The Town Planning Board, and John B. VanDusen, Surveyor. %- TV aeont-ed bh tb.e foTlowi.nR vote: Ayes - Mr. Beaty, Mr. Turner, Mr. Lampson, Mr. Robertson and Mr. Webptei Noes - None 124 Superintendent of QueensbuO.yP�Water -D fttri dt, -Tho K;-Flaherty reported that the cleaning of the water mains in Garrison And North Roads is now completed. The clerk read the following report of the Building Inspector. June 29th John 0. Webster - Supervisor Town of Queensbury I had a complaint that a Mobile Home had been moved on the premises of Daniel Rooney, St. 'Mary' s Bay on Glen Lake, also new construction at the same location. I found that this Mobile Home is registered and the owners move it around the country to ,Live in it where ever _ Mr. Rooney finds employment. a They are adding a second story to a grage which will be occupied for two bedrooms and -baths and will be rented when completed; Mrs. Rooney stated that they would obtain a building permit for this construction. I checked' A Camper Trailer near`the above property. This is- owned by Glenn Wilson, Rexford, N.Y. . He occupies it week ends. I talked to Mr. E.C. Hibbard, his Uncle and he stated that he would advise his Nephew to make application for temporary occupancy this weekend. Mr, Hibbard is going -to remodel a garggeinto a dwelling across: the road. He stated that he would 'obtain a building permit. Had a phone call from Attorney Thomas Remson, Hudson Falls who represents Mrs. Maxfield, complaining about a dock being built by Mr. Vernon Kloepfer at Assembler Point 'on Lake George, These properties adjoin. Mr. Kloepfer did not have a building permit. He stated that he would file application immediately. — Contractor Wesley F. Benware is constructing a new dwelling on the Edward Everett Norton property at Kattskill Bay. No application had been filed for this work. He has now complied with this ordinance and stated that he is also about to build a dwelling for Assemblyman Richard J. Bartlett on an island and would file on this one also, if the island is located in the Town of Queensbury. He didn't know if it is in Queensbury, Fort Ann or Bolton. ' I have made three calls �at the Mobile Home owned by Harold ,Ra:thbun, Moon Hill Road near Glen Lake. The first two tires ,there .wasn`t anyone home. Mr. Rathbun was there this time. I asked him if his Mobile Home was registered. He ,said "NO" and he didn't intend to make 'an application for it and that he was prepared to go to-Court. I asked him why he objected and he stated that this Ordinance was discriminatory. I recommend that the Town Board take appropriate action to enforce the Ordinance. Arthur W. Monthie Building Inspector Queensbury Town Board - John 0. Webster, Supervisor Building Inspection Report for the month- of June, 1965. June 10 - John 0. Dingman - Airport Road - Mobile Home Raymond Stevenson - Moon Hill Road- " " Frank W. White - Moon Hill Road - Check Registration for Mobile Home - Harold Rathbun - Moon Hill Road - Check Registration for Mobile Home. 1495 (Building Inspectors Report - continued) 0. Boyd True - Hall Road - New Dwelling Bullard Orchard - Bay & Cronin Roads - New Fruit and vegetable stand. James C. Varnum - Off Rainbow Trail-Jenkinsville Rd.-Mobile Home Lynn-Chase- West Mt. Rd. & Mountain View Lane - _New dwelling Frank VanSittert - Westland Lyn Chase, Contractor - New dwelling June 14 - Floyd K. Palmer - Glens Lake - Mobile Home Daniel J. Lawler ,- Glen Lake - if if Mrs. Henreitta Campbell - Corinth Road & Conn. Ave.Mobile Home Bonner Development - West Mt.Rd.&Mt.View Lane June 16 - Elizabeth Minor - Bennett Road off Aviation Rd. -Mobile Home . Patricia A. Schenck - Upper Sherman and Pasco St. Unable to locate. - Mobile Home June 18 - Patricia A. Schenk - Upper Sherman and Pasco St. Unable to locate. - Mobile Home June 24 - C.A. Trombley Rear 48 Luzerne Road - Mobile Home John Arberger - Big Boom Road - Mobile Home Registered John Dutra - Big Boom Road - Bernard & Edith Davignon - Big Bay Road - Mobile Home June 29 - Glenn Wilson - Glen Lake - Camper Mobile Home not registered. Daniel L. Rooney - Glen Lake - Mobile Home Registered and two bedrooms being built over garage. Harold Rathbun - Moon Hill Road - Glen Lake-Mobile Home not registered. Vernon Kloepfer - Assembly Point - New dock Edward Everett Horton - Kattskill Bay - New dwelling Arthur W. Monthie Building Inspector RESOLUTION TO AUTHORIZE PERMIT FOR MOBILE HOME RESOLU "N�. 163 introduced by Mr. La son seconded by Mr. Turner. WHEREAS, Bernard. & Edith Davignon of 75 Main Street, Glens Falls 40, 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 QUEENSBURY WARREN COUNTY, NEW YORK, to locate a mobile home outside of a duly licensed mobile home court at property situated Big Bay on the Hudson River, 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, for the following reasons: No persons appeared in opposition. The mobile home is to be used only for seasonal occupancy, therefore be it RESOLVED, that pursuant to the provisions of the above mentioned ordinance, permission is hereby given to Bernard & Edith Davignon of 75 Main Street, Glens Falls 40, New York, to locate a mobile home outside of a licensed mobile home court, at property situated at Big Bay on the Hudson River, 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. Beaty, Mr. Turner, Mr. Lampson, Mr. Robertson and Mr. Webster Noes - None 126 RESOLUTION TO AUTHORIZE PERMIT FOR -MOBILE HOME RESO I N 0, 164, introduced by Mr. Lampson, seconded by Mr. Turner. WHEREAS, Estella L. & Charles A. Troinbley of 48 Luzerne Road, Glens Falls 40, 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 QUEENSBURY, WARREN COUNTY, NEW YORK, to locate a mobile home outside of a duly licensed mobile home court at property situated 48 Luzerne Road, Glens Falls 40, New York, 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, for the following reasons: No one appeared in opposition. Hardship was explained due to the fact that the Mobile home will provide a home for an elderly person over age 6-5, therefore be it RESOLVED, that pursuant to the provisions of the -above mentioned ordinance, permission is hereby given to Estella L. & Charles A. Troinbley of 48 Luzerne Road, Glens Falls 40, New York, to locate a mobile home -outside of �a licensed mobile home court, at property situated at 48 Luzerne Road, Glens Falls 40, 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. Duly adopted by the following vote: Ayes Mr. Beaty, Mr_ . Turner, Mr. Lampson, Mr. Robertson and Mr. Webster. Noes - None On 'notion the meeting -adjourned. Respectfully submitted- George C. Crannell Town Clerk