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1960-07-28 Regular Meeting July 28, 1960 T resent: John 0. Webster _ Supervisor _ Meredith Bentley .Iusta.ce of the Peace Harold Akins Justice of the Peace Curtis L=pson Councilman Stanley B. Miller (absent) Councilman The meeting _was called to order_ by the Supervisor at 7:45 p.m. 1,4X. .Codner, .Town. Superintendent of Highways, was present and reported that the water pump _had been installed in the North Glens FallsWater District station, and that it is now working. Resolution. No. 95 introduced by -Justice Akins, _seconded by _Justice Bentley: rt RESOLVED that the land cQrveyed by Sidney Timms to be Town of ueensbury by deed sworn to November 71 1959 for highway purposes, be and the same is hereby accepted for such purposes. This acceptance is Upon the express condition that the County Attorney approves the instrument of conveyance as to form and sufficiency, _ I-UP.THF.R. '?R-CSOLVELD that the Town Clem-, transmit such deed to the County Attorney for his inspection. _ ?Dul-11 adopted by the following vote: Ayes - Z&11 -iWee', T✓r. Bentley, Mr. L.-Eupson, Hr. Akins and Mx �4ebstsr. . Noes - none . Resolution No. 96 introduced by Justice .Akins , ,seconded by Councilman Lampson: WHEREAS the New York Fire Ratilig Organization did on he 6th day of April, 1960, make a flow test of water in he 1-Iontray Heights section for. the purpose of testing its adequacy for fire protection in such area, and such test indicated that the water supply was unsatisfactory for.fire protection in this area, and WHE:P.US such condition has peen remedied by the installation of a new pump of the capacity of 500 gals. p.m. ; Therefore be it RESOLVED that the Town of Queepsbury hereby requests the New York Fire Rating Organization to makV- a flow test of water in the Montray 'le.igh.ts area. FTZ IOBTTER RESOLVED. that the Town Clerk communicate witY, to Rating Organization, making such regtiest. Duly adopted by the following vote: Ayes - �C�/ � }''9 %1,x. Bentley, _ Mr. . Lampson, Mr. Akins a.nd Nor. Webster. Noes - none. The. Board had. a discussion respecting Ames Place. The following petition was presented: . PETITION July 18,' 1960 We, the undersigned, all residents of Seward Street, Town of , eensbury, .respectfully reque-st that signs reading "Drive Carefully Children Playing" be erected at the corner of Grant Ave. Ext, and Seward Street and also at the corner of Sherman Ave. and Seward Street. Our area is heavily populated with young children and the traffic is greatly on the increase. With no sidewalks in our area, it is difficult to keep the children from the road. Thanking you for your consideration, we re.r_tain , Respectfully yours, 59 Mr. and Mrs. Alphonse Mark, Jr. Nr. and !,Irs. Carl French Mr. . and Mrs. Gerald Hammond Mr. and Mrs. Robert Havens Mrs. Helen Donor .Mr. and Mrs. Robert McKinney Mr. and Mrs. Kenneth Wood. Mr. and Mrs. Albert Tessino The Board generally discussed the erection of signs bearing the in- scription "Children at Play" and further discussed traffic signs in general. The matter was _referred to Judge Bentley and Judge Akkins. The following document was received and presented to the Board : Petitioned by Mountainsi4e Grange to Pomona Grange, Comm.. approved and Grange adopted. July 18, 1960 WHEREAS the traffic through this area is becoming greater each year by tourists and "year rounders"; and. WHEREAS Route 9L is widely traveled more so thanin the past; and no arc lights in the immediate vicinity; and WHERELS a light is needed at the intersection. of Bav Road and the Lake George Rcad (being loute 9L); therefore be it RESOLVED that a request to the traffic department be sent to install a sodium light at said intersection. Resolution No. 97 introduced by Justice Bentley, seconded by Councilman Lampson: RESOLVED that a sodium vapor street light be installed at the junction of Bay Road with S.H. No. 9L, FURTHER RESOLVED that the Supervisor be and is hereby authorized to request the ,Niagara Mohawk Power Corporation to install such light. Duly adopted by the following vote: Ayes - 4/?4 Ar, Mr. Bentley, Mr. Lampson, Mr. Akins and Mr. Webster Noes -none Respecting the cutting off of Highland Avenue, Mr. Webster reported orally as follows: that he had met with the Highway Committee of the Board of Supervisors which had acceded to the desire of this Board to keep Highland `Avenue open for its entire length. He also stated that Highland Avenue from Dix Avenue was to be graded down and paved, that portion so relocated at County expense. Mr. Shank was present and discussed with the Board the narrowness of Big Bay Road and the condition it is presently left in. Mr. Codner stated that he would have a talk with the State Engineer and take the. matter up with him. ' It was decided to get prices on a sump pump for use i_n the pumping station in the North Glens Falls slater District. , In the matter of advertising for bids to supply the Town with water pipe there was filed proof of publication of the notice calling for the bids. The Clerk reported that no sealed proposals had been received. The matter was generally discussed by the Board and it was arranged that the Supervisor was to get quotations of prices from companies supplying pipe. r , The Supervisor brought up the matter of the removal of soil and dirt from the cemetery located on Bay Road. The Board generally discussed the matter and it was felt that the Board officially was u1thout authority to act in the matter. 60 The Board generally discussed the matter of the proposed ordinance requiring notice of alteration to property to be given. This matter was laid over. The Supervisor made the following report: REPORT OF STATUS 7r' EQUALIZATION RATE 728/60 On July 12, 1960 the town made formal protest as to the tentative equalization rate set at 45. - We were represented by our attorney, Richard J. Bartlett. Also present, Ernest Hillis, Chr. Bd. of Assessors, John Webster, -Stanley Miller, Chr. Assessment committee. lie were advised by the State Board that we would be notified further -- within a short time as to the further determination by the state, but as yet we have not heard from them. In the meantime, we have protested the tentative assessments that have been placed by the state on special franchise properties, because these assessments are also keyed to the rate that we will ultimately receive. We are doing all we can to improve our position and there may be more complete information by next board meeting. The Board generally discussed the proposed ordinance to regulate subdivisions. Resolution No. 98 introduced by Justice Akins, seconded by Councilman Lamp so n: PESOLVED that the following be proposed as an ordinance of the Town of Queensbury entitled "Ordinance Regulating the Development of Subdivisions in the Town of Queensbury: WHEREAS, there have been during the past year or more several developments of subdivisions of real property in the Town of Queens- bury which has resulted in the laying out of streets , the sale of lots, the laying of water pipe lines and installation of sewage facilities without any regulation or control and it appears that in some cases the health, safety and general welfare of the Town of Queensbury may be endangered, and WHEREAS, it is deemed advisable that for the purpose of protection and promotion of the health, safety and general welfare of the Town of Queensbury, a definite standard of regulation of such developments , construction and installation be adopted and provided, Now, therefore, the Town Board of the Town of Queensbury, in the County of Warren and State of New York, hereby ordains and enacts as follows: Article I - Definitions For the purpose of this ordinance certain terms or words used herein shall be interpreted or defined as follows: 11 The word "person" shall include an individual, firm, partner- ship, club, society, association of n_ersons and corporation and the singular shall include the plural. 2. The words "street's or "highway" shall include any parcel of land conveyed to the Town for highway purposes or which shall have been — dedicated by the owner to public use as a. highway for the passage of persons and vehicles. - 3. The word "subdivision" shall mean the division of land. into residential building lots. 4. The word "lot" shall mean a Parcel of land which is or may be occupied by a building or use with accessories thereto incl_udinIg the open spaces thereon but excluding any part thereof within the bounds of a highway. 5. The word "Development" shall mean a subdivision containing five or more lots as herein defined. b. The words "main," "lateral main" or "water main- 11 shall mean a continuous closed. pipe or conduit which shall be connected to a_ t source of water suprl.-y and extend along a street or highway to carry water for the purpose of making taps or connections thereto to furnish water therefrom under pressure to individual buildings and dwellings. 7. The words "plot plan's or "map" shall mean a drawing or diagram upon durable paper which shall delineate thereon the boundary lines of lots , streets, highways, and other physical facts of a subdivision or development according to scale. 8. The words "town surveyor" shall include a duly qualified engineer or surveyor employed or appointed by the Town Board pursuant to the provisions of the Town Law. 9. The word "sidewalk" shall mean a portion of the land which - is used by the public for passage on foot and which is adjacent and substantially parallel to a public street or highway.. .Article II Plan of development of subdivision. 1. No persons shall lay out and offer for sale in any development or subdivision in the Town of Queensbury any lot as a site for a dwelling -or other building which shall have a width of less than fifty feet. 2. No person shall lay out or dedicate to public use as a street or highway in a development or subdivision in the Town. of Queensbury any piece or parcel of land which shall be less than fifty feet in width. 3. No person shall subdivide or develop any parcel of land in the Town of Queensbury into building lots or sell or offer to sell such lots as sites for five or more dwellings unless such Person shall first have prepared and. filed in the office of the '_t.'own Clerk a map or plot plan thereof which shall have clearly delineated thereon the boundaries of the parcel so subdivided or developed, the boundary- lines of each lot laid out therein, the boundary lines of all streets or highways dedicated or proposed to be dedicated to public use, all according to a scale of -measurement which shall be indicated thereon, the general location in the town of such subdivision or development and the name and address of the, person who is the owner thereof at the time of the filing of such map, and such map and plan shall have been approved by resolution of the Town Board, and any amended map and plan shall likewise be filed and approved. 4. No person. shall lay out or dedicate to public use as a street or highway in any subdivision -or development any piece or parcel of land until all trees, rocks and other obstructions shall have been removed therefrom by the owner and the same shall have been filled or leveled to a rough grade established and approved Irythe town surveyor. t Article III - Regulations relating to water mains 1. No person shall lay or cause to be laid along any street or highway in a subdivision or development on which five or more lots have been laid out a water main designed and. intended to furnish water supply to such lots unless such water main shall be at least six inches in diameter. 62 2. No such water main shall be made of any other material than cast iron or asbestos composition and every piece of such water main shall be at least of 150 pound test class. 3. Every such water main shall have a shut off and valve box installed at its connection with the supply main. 4. Every such water main shall be laid at a depth of at least five and one-half feet under the level of the ground. _ 5. Every such lateral water main shall be furnished, laid, installed and connected at the expense of the owner of such sub- division or development. 6. All service connections shall. be made by the duly desig- nated employees of the Town of Queensbury. 7. The Town Board shall _have the power by resolution to grant a variance from the provisions of Sections 1, 2 and 4 of Article III of this ordinance where, in the opinion of a majority of the members of the Town Board, a strict compliance would result in a hardship and the variance will not adversely affect the interests of property owners in such subdivision or the residents of the Town of Queens- bury generally. 8. Whenever any person shall file a subdivision map as re- quired by the provisions of the Public Health Law affecting and covering lands in the Town of Queensbury and such map, as approved by the Department of Health of the State of New York, shall show and provide gor mains for supply of water to lots in such subdivision; the mains shall be installed by the owner completely as shown on said map and the cost of installation of such mains shall be paid by the person filing such map, as owner, and if such subdivision shall at that time be in an established water district, or if there- after a water district shall_ be established or an existing water district shall be extended to include the area of such subdivision, then the mains installed by the owner shall become the property of the Town of Queensbury actin; for such water. district. The filing of s7.lch subdivision map showing the installation of mains shall be deemed a dedication of such mains by the owner to the public use of such water district. Article IV Regulations relating to sidewalks 1. No sidewalk shall be constructed or laid along any public street or highway in any subdivision or development unless such sidewalk shall be at least four feet in width and at least four inches in thickness, and of a grade and location set by the Town Surveyor and approved by the Town Board. Article V Violation ;and penalties 1. Any person who shall violate any provision of this Ordinance shall be guilty of a misdemeanor which shall be punishable by a fine not exceeding fifty dollars or imprisonment fqr a period not to exceed thirty days or both. 2. In addition to the foregoing penalties provided for punish- _ anent of violations of this Ordinance, the Town Board shall have such other remedies as are provided by law to restrain, correct, or abate any violation of this Ordinance. Article VI Validity The invalidity of any provision of this Ordinance shall not invalidate any other part thereof. 63 Article VII Effective date This Ordinance shall take effect on the date of its publication and posting as required by the 'Town Law. DUN,, adopted by the following vote: Ayes - Mr. Bentley, Mr. Lampson, Mr. Akins and Mr. Webster. Noes - none Resolution No. 99 Mr. Akins introduced Resolution No. 99 and moved __ its adoption, seconded by Mr. Bentley: Whereas, there has been introduced before the Town Board of the Town- of Queensbury a proposed ordinance entitled "Ordinance Regulating the Development of Subdivisions in the 'down of Queensbury" which has for its purpose the establishment of certain regulations and standards for the development of subdivisions and. particul�2rly in reference to water supply, streets and sidewalks in such subdivisions. I2 S0LVED that the Town Board of the Town of Queensbury hold a public hearing on the proposal of the adoption of said ordinance at the office of the Town Clerk on the 11th day of August, 1960, at 7:30 o'clock, p.m. (D.S.T. ) at which time all persons interested in the subject matter of said ordinance will be heard concerning the same, and be it further ESOLWZD that the Town Clerk give due notice of such nublis hearing by publishing such notice in the Post Star, published at Glens calls, N. Y. , at least ten days before the date of such hearing. Duly adopted by the following vote: Ayes - Mr. Bentley, Mr. Lampson, ?sir. Akins and Mr. Webster, Noes - none On motion the meeti_-ag _adjourned. ices T Turner Town Clerk Regular Meeting August 11, 1960 Present: John O., Webster Supervisor Meredith Bentley Justice of the Peace Harold Akins Justice of the Peace Curtis Lampson Councilman The Supervisor called the meeting to order at 7:30 p.m. In reference to the public hearing upon the proposed ordinance regu- lating the development of subdivisions in he Town of Queensbury and repeal of a previous ordinance regulating the development of sub- divisions in the Town of Queensbury, the notice calling for the public hearing was read. Proof of publication of the notice calling for the hearing was filed. The following people appeared: Floyd Picket, Fred Hay, John Sullivan, Sidney Van Dusen and Tom Rogers. Also present were George Liapes, Superintendent of the North Glens Falls Water District and its exten- sions, and Jack Crannell, Superintendent of the West Glens Falls Water District and its extensions. Leslie Hillis, multiple dwelling -- inspector, was also present. The matter of the proposed ordinance was generally discussed among the people present and no one appeared opposing the proposed ordinance nor the repeal of a previous ordinance affecting the development of subdivisions in the Town of Queensbury. Thereupon the hearing was declared closed by the Supervisor.