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1986-07-22 4j TOWN BOARD MEETING JULY 22, 1986 TOWN BOARD MEMBERS Mrs. Frances Walter —Supervisor Mr. George Kurosaka - Councilman Mr. Stephen Borgos-_7 Councilman Mr. Ronald Montesi Councilman Mrs. Betty Monahan - Councilman �^ TOWN COUNSEL: Wilson Mathias PRESS: Glens Falls Post Star, WEND, WBZA TOWN OFFICIALS: Mr. Paul Naylor, Mr. Rick Missita PLEDGE OF ALLEGIANCE LED BY: Councilman Kurosaka MEETING OPENED: 7:36 P.M. SUPERVISOR WALTER - Announced that Open Forum will be at the end of the meeting. RESOLUTION TO APPROVE MINUTES RESOLUTION NO. 187, Introduced by Mr. Stephen Borgos who moved for its adoption seconded by Mr. George Kurosaka: RESOLVED, that the Town Board minutes of July 8, 1986 be and hereby are approved. Duly adopted by the following vote: .Ayes: Mr. Kurosaka, Mr. Borgos, Mr. Montesi, Mrs. Monahan, Mrs. Walter Noes: None Absent: None ' RESOLUTION TO ESTABLISH A WATER DISTRICT EXTENSION IN THE TOWN OF QUEENSBURY, WARREN COUNTY, NEW YORK TO BE KNOWN AS THE SHERMAN AVENUE WATER DISTRICT EXTENSION NO.1 IN SAID TOWN RESOLUTION NO. 188, Introduced by Mr. Ronald Montesi who moved for its adoption, seconded by Mr. George Kurosaka: WHEREAS, the Town Board of the Town of Queensbury, Warren County, New York, has heretofore duly caused a general map, plan and report to be prepared by a competent engineer, duly licensed by the State of New York, which have been filed in the Office of the Town Clerk of said Town in relation to the establishment of a proposed water district extension in said Town, to be known as the Sherman Avenue Water District Extension No. 1 and WHEREAS, an order was duly adopted by said Town Board on the 22nd day of April, 1986, reciting a description of the boundaries of said proposed water district extension, the improvements proposed therefore, the maximum amount proposed to be expended for said improvements, the proposed method of financing to be employed, the fact that said map, plan and report were on file in the Town Clerk's office for public inspection, and specifying the 13th day of May, 1986, at 7:30 O'clock P.M. , prevailing time, at the Queensbury Town Office Building, Bay and Haviland Roads, in said Town, as the time when and the place where said Town Board would meet for the purpose of holding a public hearing to hear all persons interested in the subject thereof concerning the same; and WHEREAS, 'such order was duly published and posted in the manner and within the time prescribed by Section 209-d of the Town Law and proof of such publication and posting has been duly presented to said Town Board: and WHEREAS, said public gearing was duly held at the time and place set forth in said order, as aforesaid, at which time all persons desiring to be heard were I 220 duly heard; and i WHEREAS, following public hearing, and upon the evidence given thereat and upon the general map, plan, and report along with the Notice of Determination of Non- significance which the Town Board had caused to be prepared in accordance with the requirements of the State Environmental Quality Review Act concerning the establishment of the proposed Sherman Avenue Water District Extension No. 1 and the construction of the improvements proposed thereof, the Town Board duly adopted resolutions establishing lead agency and making a determination of no significant environmental impact of the proposed water district extension and the construction of 'the improvements thereof, i WHEREAS, following said public hearing, and based upon the evidence given thereat, said Town Board duly adopted a resolution determining in the affirmative all of the questions set forth in Subdivision 1 of Section 209-e of the Town Law; and WHEREAS, following said public' hearing, said Town Board also duly adopted a resolution approving the establishment of said water district ,extension and the construction of the improvements proposed thereof, said resolution expressly providing that it was subject to a permissive referendum as provided by Section 209-e of the Town Law; and WHEREAS,, after the expiration of the time for filing a petition requesting that the matter be submitted to a referendum of the eligible voters of the proposed district, the Town Clerk duly filed in the Office of the Warren County Clerk, a certificate stating that no petition requesting that the matter be submitted to a referendum had been filed with the Town Clerk; and WHEREAS, permission of the State Comptroller is not required because financing of the district will not occur by the issuance of bonds as evidence of indebtedness of said Town, now, therefore, it is hereby ORDERED; by the Town Board of the Town of Queensbury, Warren County, New York, as follows, Section 1. A water district extension in the Town of Queensbury, Warren County, New York, to be known as the Sherman Avenue Water District Extension No. 1, is hereby established in accordance with aforesaid order of the Town Board and is bounded and described as set forth in Schedule "A" attached hereto and made a part hereof. Section 2. The improvements proposed for said water district extension including original furnishings, equipment, or apparatus required in connection therewith, all as more fully described in the map, plan and report prepared in connection therewith, is hereby authorized and is estimated to be Twenty-Five Thousand Dollars ($255000.). The $25,000 cost of said improvement shall be financed by surplus funds not otherwise appropriated, payable in the first instance for the several lots and parcels of land within the water district extension in the same manner and at the same time as other town charges and as guaranteed by Cobe, Inc. in accordance with and pursuant to Section 277 of the Town Law. Section 3. The Town Clerk is hereby authorized and directed to cause a certified copy of this order to be duly recorded in the office of the Clerk of Warren County, New York, within ten (10) days after the adoption of this order by this Town Board and to file a certified copy thereof within that time in the Office of the State Department of Audit and Control, in Albany, New York, both pursuant to Subdivision 1 of Section 209-g of the Town Law. When so recorded, such order shall be presumpt evidence of the regularity of the proceedings for the establishment of said Sherman Avenue Water District Extension No. 1, of the proceedings instituted for the construction of the improvements herein before described and of all other action taken by said Town Board in relation thereto. Section 4. This order shall take effect immediately. The question of the adoption of the foregoing order was duly put to a vote on roll call, which resulted as follows: Betty C. Monahan Voting yes Ronald S. Montesi Voting yes Stephen J. Borgos Voting yes ' GGs George Kurosaka Voting yes Frances J. Walter Voting yes The order was there upon declared duly adopted. RESOLUTION TO ACCEPT DEED TO TOWN OF QUEENSBURY FOR LANDS EXTENDING TOWN HIGHWAY KNOWN AS QUEEN DIANA LANE RESOLUTION No-189, Introduced by Mr. Stephen Borgos who moved for its adoption seconded by Mr. George Kurosaka: WHEREAS, William Kostechko has executed and offered a deed for Town Roadway not less than fifty (50) feet in width approximately 877 feet in length extending in a northerly direction off Aviation Road between Eldridge Road and Mountainview Lane, and WHEREAS, Paul H. Naylor, Superintendent of Highways of the Town of Queensbury, has advised that he has made the necessary inspection of the right of way clearing, sub-base preparation, drainage implementation, and surface treatment and finds that such work has been performed in accordance with the standards and requirements of the Town of Queensbury, and he recommends that the Town Board accept this land for highway purposes into the Town Highway system, and WHEREAS; Thomas K. Flaherty, Superintendent of Water of the Town of Queensbury, has advised that he has made the necessary inspection of Water Line Installation in the proposed highway which is located within the geographical boundaries of the Queensbury Consolidated Water District and finds that said installation has been made in accordance with the standards and requirements of the Town of Queensbury and that he recommends that the Town Board accept this land insofar as the water line installation is concerned, and WHEREAS, a final title insurance policy to the land proposed to be conveyed has been approved by Wilson S. Mathias, Esq. , Counsel to the Board, NOW, THEREFORE, BE IT ��. RESOLVED, that the afore-mentioned deed be and the same is hereby accepted and approved and that the Town Clerk be 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 and maintained in the Office of the Town Clerk of the Town of Queensbury, and be it further RESOLVED, that -this road extension be hereby added to the official inventory of Town Highways, to be described as follows: Road No. 420 Description: North/South Name: Queen Diana Lane (extension) ; Feet: 877 Duly adopted this 22nd day of July by the following vote: Ayes: Mr. Kurosaka, Mr. Borgos, Mr. Montesi, Mrs. Walter Noes: Mrs. Monahan Absent: None COUNCILMAN MONAHAN - Stated that there was not enough time to get out and look at the road before the meeting. SUPERVISOR WALTER - Stated that she put it on the agenda knowing that this was the feeling of the Board that if they didn't have time to get out there, that ------ they may not be able to act on it. SUPERVISOR WALTER - Suggested the Highway Committee sit down with Mr. Naylor and go over revisions regarding the standards for new roads. COUNCILMAN MONAHAN - Stated that she was unhappy with the look of some of the roads that have been accepted not too long ago. SUPERVISOR WALTER - The Town Board has the authority to accept roads but have always done so on the basis that the Highway Superintendent thought that they 222 were done according to specifications. RESOLUTION TO ACCEPT DEED TO TOWN OF QUEENSBURY FOR LANDS EXTENDING TOWN HIGHWAY KNOWN AS FOX HOLLOW LANE RESOLUTION NO. 190, Introduced by Mr. Ronald Montesi who moved for its adoption, seconded by Mr. Stephen Borgos: WHEREAS, Lucille E. Weaver has executed and offered a deed for Town Roadway not less that fifty (50) feet in width extending Fox Hollow Lane from its present terminus in a southerly direction to the intersection of Dartmore Drive. WHEREAS, Paul H. Naylor, Superintendent of Highways of the Town of Queensbury, has advised that he has made the necessary inspection of the right of way clearing, sub-base preparation, drainage implementation, surface treatment, curbing and seeding and finds that such work has been performed in accordance with the standards and 'requirements of the Town of Queensbury, and he recommends that the Town Board accept this land for highway purposes into the Town Highway system, and WHEREAS, Thomas K. Flaherty, Superintendent of Water of the Town of Queensbury, has advised that he has made the necessary inspection of Water Line Installation in the proposed highway which is located within the geographical boundaries of the Queensbury Consolidated Water District and finds that said installation has been made in accordance with the standards and requirements of the Town of Queensbury and that he recommends that the Town Board accept this land insofar as the water line installation is concerned, and WHEREAS, the title to the land proposed to be conveyed has been approved by Wilson S. Mathias, Esq. , Counsel to the Board, NOW THEREFORE, BE IT RESOLVED, that the aforementioned deed be and the same is hereby accepted and approved and that the Town Clerk be hereby authorized and directed to cause said deed to be recorded in the Warren County Clerk's Office of the Town of Queensbury, and be it further RESOLVED, that this road extension be hereby added to the official inventory of Town Highways, to be described as follows: Road No. 387, Description: North/South Name: Fox Hollow Lane (extension): Feet 1,098.49 Duly adopted by the following vote: Ayes: Mr. Kurosaka, Mr. Borgos, Mr. Montesi, Airs. Monahan, Mrs. Walter Noes: None Absent: None RESOLUTION AUTHORIZING SUPERVISOR TO EXECUTE AGREEMENT WITH THE QUEENSBURY ECONOMIC DEVELOPMENT CORPORATION RESOLUTION N0.191,Introduced by Mr. Ronald Montesi who moved for its adoption, seconded by Mrs. Betty Monahan. WHEREAS, The Town of Queensbury recognizes the need to relieve and reduce unemployment, promote and provide for additional and maximum employment and to encourage the j development of industry within the Town, including but not limited to the developmei! of the Queensbury-Glens Falls Falls Industrial Park and WHEREAS, the Queensbury Economic Development Corporation, a not-for-profit corporation organized to further the aforesaid purposes by means set forth in §1411 of the not-for-profit corporation law, including but not limited to the power to acquire by purchase, lease, gift, bequest, or devise or otherwise real or personal property or interests therein, to borrow money and to issue negotiable bonds, notes and other obligations therefore and to make loans, provide working capital, and otherwise invest in industrial, manufacturing, and technical facilities within the Town of Queensbury: NOW, THEREFORE, BE IT 223 RESOLVED, that the Town of Queensbury shall pay the Queensbury Economic Development Corporation $250,000 to further said purposes in accordance with the terms of the annexed contract, and be it further RESOLVED, that the Town Supervisor of the Town of Queensbury is authorized to sign such contract: Duly adopted by the following vote: Ayes: Mr. Kurosaka, Mr. Borgos, Mr. Montesi, Mrs. Monahan, Mrs. Walter i �-- Noes: None Absent: None SUPERVISOR WALTER - Noted that the $250,000 that the Town would be paying in the first Resolved 'is money that we will be dealing with in our transfer later on but has been earmarked for economic development and basically it is through any excess of sales tax received in the last two years. RESOLUTION TO RETAIN ENGINEER RESOLUTION NO.192, Introduced by Mr. George Kurosaka who moved for its adoption, seconded by Mr. Stephen Borgos: WHEREAS, the Town Board wishes to pursue the extension of the Sherman Avenue Water District, to include an area of Peggy Ann Road. NOW, THEREFORE BE IT _RESOLVED, that the Town Board will retain the engineering services of Charles H. Scudder, P.E. for an amount not exceeding $4,800. in the preparation of a map, plan and report for said water district. Duly adopted by the following vote: Ayes: Mr. Kurosaka, Mr. Borgos, Mr. Montesi, Mrs. Monahan, Mrs. Walter Noes: None Absent: None SUPERVISOR WALTER - Stated that Mr. Scudder did a study and then did the final report for the Sherman Avenue Water District. We are looking at an area along the Peggy Ann Road to incorporate lands that used to be Kings Plantation and a new development that has come before the Planning Board,that section would be an extension of that study, therefore he would be continuing something he has already started. COUNCILMAN BORGOS - Looking at the amount involved, asked of we were nearing the point where it would pay the Town to have a Town Engineer? SUPERVISOR WALTER - I have considered for sometime that we should have a Town Engineer and we might be approaching that area. RESOLUTION TO TRANSFER FUNDS RESOLUTION NO. 193, Introduced by Mrs. Betty Monahan who moved for its adoption, seconded by Mr. Ronald Montesi: "! RESOLVED, to transfer $250,000. from A3320909 to A2359961900 to H382356410300 for Queensbury Economic Development Capital Reserve. Duly adopted by the following vote: Ayes: Mr. Kurosaka, Mr. Borgos, Mr. Montesi, Mrs. Monahan, Mrs. Walter Noes: None Absent: None 224 SUPERVISOR WALTER - Noted that the Economic Development Corp. will have their own set of books, their own bank account and will be operating under the Corporate Law of the State of New York. RESOLUTION OF APPRECIATION RESOLUTION NO,194, Introduced by the Entire Town Board who moved for its adoption: WHEREAS, Dr. Russell Taft of Farm to market Road, Queensbury, a prominent Hybridizer is registering some of his hybrid daylilies with the Hemerocallis Society for the first time in 1986, and I WHEREAS, Dr. Taft has honored the Town of Queensbury by naming one of these daylilie (yellow, diamond dusted with wide petals, large blossoms, sturdy stem and a high bud count) QUEENSBURY FIRST, and WHEREAS, the Town Board feels that this daylily is aptly named since Queensbury is a first class town; the sturdy, strong stem reflects the character of our people and of the town; the heavy branching, the diverse areas of the town; the high bud count, the many talents and skills of our residents; and the beatuy of the blossom. the beautv , of our area NOW, THEREFORE BE IT RESOLVED, that the Town Board recognizes the many years of effort, diligence and study that Dr. Taft has expended to hybridize this beautiful daylily, and be it further RESOLVED, that the Town Board thanks Dr. Russell H. Taft for his work and for his so honoring this town. We are sure that the QUEENSBURY FIRST will become known throughout the world of daylily growers and that this beautify flower will bring joy to many. Duly adopted by the following vote: Ayes: Mr. Kurosaka, Mr. Borgos, Mr. Montesi, Mrs. Monahan, Mrs. Walter Noes: None Absent: None ' COUNCILMAN MONAHAN - Showed the people of the Town of Queensbury attending the Town Board Meeting the Lily named Queensbury First Hybridized by Dr. Russell Taft. Pointed out the strong structure of the flower and referred to it as representing the strength of the people in the Town of Queensbury. The yellow is the color of Queensbury flower. TOWN COUNSEL: Mr. Mathias addressed Supervisor Walter with the discussions he had with the Planning Board regarding making some changes in the zoning ordinances, one of which is creating some pressure in different neighborhoods and would like the Board to consider setting a Public Hearing on this matter. The first suggested change by the Planning Board is to move the duplex use as a permitted use from all zones except for UR5 and put duplexes under site plan review type two. Anyone wishing to establish a duplex would require review first by the Planning Board. The other change is one that the Town Board discovered when we made up changes in connection with Mobile Homes Zones permitted in the States Avenue area. Those areas are currently zoned UR 5 which is a classification that doesn't make a lot of sense in that area and the Planning Board recommended that be amended to UR10. The only permitted use under UR5 are office buildings, duplexes which are not really consistent in that area, I would ask the Board to consider setting a Public Hearing on the proposed changes. RESOLUTION TO SET PUBLIC HEARING AMENDING ZONING ORDINANCE TO PROVIDE ADMINISTRATIVE'.,,.,, REIVEW FOR DUPLEX USE IN UR-10, SR-lA, SR-20 & SR-30 ZONES, AND CHANGE "STATES AVENUES" CLASSIFICATION FROM -UR-5 TO UR-10 RESOLUTION NO. 195, Introduced by Mr. Ronald Montesi who moved for its adoption, seconded by Mr. George Kurosaka: ,WHEREAS, the Town Board of the Town of Queensubry has received written recommendations by the Town Plannng Board for the change of land use classification and the review process for duplexes within the Town, and WHEREAS, the Town Board has determined that there is a need for public input and comment on revising the Zoning Ordinance to change the zone classification in the " States Avenues" from UR-5 to UR-10 (map change) and to permit duplexes in UR-10, SR-lA, SR-20 and SR-30 only after Site Plan Review (Type II) , and Whereas, the proposed amendments have been prepared, a copy of which is attached, NOW, THEREFORE BE IT RESOLVED, that a public hearing be held concerning the proposed adoption of said -- amendments to the Zoning ordinance and that said public hearing be held at 7:30 P.M. in the meeting room of the Town of Queensbury Office Building, Bay & Haviland Roads in the, Town of Queensbury, Warren County, New York on the 12th day of August 1986 at which time all persons interested in the subject thereof will be heard, and be it further RESOLVED, that the Town Clerk be hereby directed and authorized to publish and provide notice of said public hearing as may be required by law, and BE IT FURTHER, RESOLVED; that copies of the amendments be forwarded to the Warren County Planning Board and the Adirondack Park Agency. Duly adopted by the following vote: Ayes: Mr. Kurosaka, Mr. Borgos, Mr. Montesi, Mrs. Monahan, Mrs. Walter Noes: None Absent: None COUNCILMAN MONTESI - Asked where we stood with the sign ordinance? TOWN COUNSEL - Reviewed the 1976 sign ordinance and spoke on the sign moratorium COUNCILMAN MONTESI - Questioned if we should wait until after the tourist season before any changes were made amending the sign ordinances? TOWN COUNSEL - The Town Board as an active legislation should direct the Building and Zoning Dept. to be prepared to proceed after August 14 to begin this process, and this would not be completed overnight. COUNCILMAN BORGOS - Stated that it should be done one way for everybody or not at all. That if variances were going to be granted then everyone should have the' right to be heard and request a variance. COUNCILMAN KUROSAKA - Noted that there may be 'a problem in some cases where there is an area variance be of a hill, tree or a group of trees in the way and that that is still going to exist today. COUNCILMAN MONAHAN - Stated that if the background was looked into, a good many ' of these variances were given to the applicant and at the time they were informed that in August 1986 they would have to conform but they knowingly went ahead and made that investment anyways. 'COUNCILMAN MONAHAN - Stated that we had a problem with the junk car definition and with the whole junk yard ordinance. SUPERVISOR WALTER - Noted that they would move onto other things and perhaps set a public hearing for that later. CGIiMUNICATiONS - Letter regarding sale of surplus lands Quaker Road Bid Openings - Quaker Road Property Stewarts Ice Cream Co. Saratoga Springs N.Y. $60,000.00 non col. attached 226 Della Pontiac Quaker Road Glens Falls, N.Y. $100,000.00 non col. attached 0. A. Boychuck Mark Plaza Queensbury, N.Y. $105,000.00 Passonno Paints Inc. 500 Broadway Watervliet, N.Y $116,059.99 Richard C. Rogge Glens Falls New York $101,000.00 non col. attached Ltr.-on file-Town Counsel Wilson Mathias . . ."Based upon the foregoing it is my recommendation that the Town Board sell the surplus property to P.C. Realty for the sum of $116,059.99 DISCUSSION HELD: It was agreed that Pine View Cemetery will be given 10% of the bid price. . .and the balance will be earmarked for Recreation Purposes, Land Acquisition or Capital Improvements for Recreation—Supervisor Walter noted that the land we have in the Pine View inventory will bury people for the next two hundred years. . .. RESOLUTION TO ACCEPT BID RESOLUTION NO. 196, Introduced by Mr. George Kurosaka who moved for its adoption, seconded by Mrs. Betty Monahan: WHEREAS, the Board of Cemetery Commissioners for the Town of Queensbury has determined that a 3.22 Acre Parcel of Land on Quaker Road is not suitable for burial purposes, and WHEREAS, upon the recommendation of the said Commission the Town Board hereby finds that such property is surplus Town Property, and WHEREAS, the Town Board requested the Town Clerk to advertise for bids for the sale of 3.22 Acres of Land on Quaker Road and WHEREAS, on July 15, 1986 five bids were received and opened by the Town Clerk and such bids were then turned over to the Town Counsel and the Town Board, and WHEREAS, by letter Town Counsel has recommended that the bid be awarded to P.C. Realty in the amount of $116,059.99, NOW, THEREFORE BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby accepts the bid of F.C. Realty of Watervliet, N.Y. in the amount of $116,059.99 and be it further RESOLVED, that ten percent of the bid be given to the Pine-View Cemetery Fund and the balance be used for Recreational Purposes, Recreation Land acquisition and Recreation Capital Expenditures. Duly adopted by the following vote: Ayes: Mr. Kurosaka, Mr. Borgos, Mr. Montesi, Mrs. Monahan, Mrs. Walter Noes: None Absent:None COUNCILMAN MONTESI-Spoke about a problem in Queensbury1water was running down a road, it was noted that the water was coming from the ice company; no permission has been given to run the water down Queensbury Road, this is a county road and they are addressing the problem. . . OPEN FORUM 8:44 P.M. MARILYN ARONSON-I am involved with a project at the TOP 0' WORLD where I entered into a purchase agreement last year, I picked out a site on July 15, 1986. On August 15, I put down a down payment, I have some. disagreement with the information that was in the minutes of July' 8th meeting in which Peter Cornelt and Mr. Eats presented to the Board and consequently got the approval of a major site change. In the minutes of the meeting Mr. Eats said, the point I want to make is that these units shown on the map are units already constructed either in total or framed, already in the ground, some are different from the original plan. He showed the Board the actual location the survey crews made of the site so they would know exactly where the units are on the approved plan. Improved plan, I disagree with entirely, because I have been working on my unit for a year, we �,. are six months past our closing 'date at no fault of my own. On May 14th we received a letter stating that they are going to take a pool out of the ground that had been installed in October or November of last year, ' the physical pool that was in the ground was our guarantee that the land to the right of my unit would never have buildings put on it because in the offering plan as part of the purchase agreement that area was called common area. We had no idea that we had to put in writing that no building would be put to the side of us because as I said the physical pool was there. When they said they were going to take the pool out the only way to complain was to go to them and they offered to buy the unit back, we spent many hours and dollars in customizing my unit. They claim I have no special view to the east and I claim that I do, (showed the Board pictures of before and after construction of the additional building) The minutes stated that the other changes to the buildings was because of the very wet area, almost impossible to build on. . .there have been no written records that prove that something had to be done, plus in the agreement there is only one sentence in the offering plan that they say they are covered by and that is the right to change or alter on the site if the ground or contour of the land decrees it. First of all to - change or alter is one thing, in the minutes Councilman Borgos asked if the movement would be about 25' Mr. Eats said yes, the intention was not to change the overall planning just minor adjustments, the design is still intact. I have measured that and it is over a fifty foot change from the original site not including the deck that is to be added on. Supervisor Walter, asked what happens when a building is moved and a buyer already has a unit and the building going up next to him is not what he perceived when he was in the sales office or it restricts him from doing what he wants to do or see. Mr. Eats said the units are shown to the buyer as a whole concept and as part of that concept we may because of certain building restraints have to move a specific building already detailed out in the planning. If it 'is a drastic change it is dictated by the Attorney General's Office that we.o.ffer the purchaser the right of decision of relocation or right to back out of the contract. After a year in planning and customizing a unit and I already put out thirty five thousand dollars into this unit and went a year ago to pick out the site, I do not think it is fair for them two weeks before closing for them to say we will purchase your unit back or relocate you. I feel there is no other unit they could relocate me to. (pictures shown) the Court case that I was in with Top 0' World is not for money it is not for anything but to have the original foundation put back into its location not a fifty foot major change. .that did not come before 'the ,Town Board for approval. When I called they told me that they could do what they had to do because they made a decision with the Building Inspector. I checked that with the Building Inspector and he told me that he had given them permission to move it a few feet he had no idea that they moved fifty feet or more. He said he would check into the matter, that there was a rock ledge and wet areas that could have been overcome. In all of the office plans and all the engineers reports, everything was covered by the Town of Queensbury, every map filed with the Town of Queensbury and there is one map that shows 15% of land that is supposed to be 'common property and I can't seem to get my hands on that map. COUNCIL MONTESI - Asked what the final disposition was, regarding the court case she was in with the developers, was it that she wanted them to move the foundation? i MRS. ARON80N Yes, I asked .them to stop building and come to the Town Board and get written approval and they didn't. I went to my attorney, wrote a letter and started an injuction and got a temporary restraining order and went for a permanent injunction. The permanent injunction was denied and the foundation was already in the ground. The judge had not been made aware of the fact that they had not . come for approval first. My unit is so unique that it is not something that they can just buy back or replace, does somebody have the right to make such a major change without consulting the owner? I took these pictures and the next day I received a letter saying I was not allowed on the site anymore. I spoke to the 228 "A and their answer was that they did not want to blast into the slope with dynamite, that was all taken care of in the permit when site plan approval was given by the APA and the Town of Queensbury and those sites were gone over and were there for a reason. COUNCIL MONTESI -Asked what the final disposition was in court? MRS. ARONSON - The decision was that I could go on with my law suit but the problem is that we didn't put in the law suit that they hadn't gone through the proper procedures and I have been made aware that companies know that if they put the foundation in the ground first, it is very hard to get a court of law to say they have to take them out even if they are wrong. The court says you can get damages , and they are willing to pay money but that is not what I want, I just want the original site that I purchased. COUNCILMAN BORGOS - Are you still in court? MRS. ARONSON - Yes, I am in court now and what we will probably do is drop the law suit because to get permanent injunction I would have to start all over again saying that they didn't go through proper procedures and then bring in the Town of Queensbury, Building Inspector and I really don't want to go through that expense if it can be taken care of in other ways. COUNCILMAN BORGOS Asked if there wasn't one other unit that would give her the same view? MRS. ARONSON - I said if they would give me Unit 18 and do it the same way I had done originally and they said they could not as it was sold. SUPERVISOR WALTER - Referred to Town Counsel. TOWN COUNSEL - I had made a motion to squash the subpoena for Mr. Roberts to appear at the hearing because based on the information I had it appeared to be a law suit between two private parties, Mr. Roberts ought not testify in those proceedings. MRS. ARONSON - My question to the Board is when this PUD was in the offering plan and 'I signed the purchase agreement. . .how can anybody be guaranteed any assurance in the Town of Queensbury that a major change was made without going to you or notifying the person who is directly involved. . . COUNCILMAN MONTESI-Asked Town Counsel, if we do nothing and Ms. Aronson is successful in a lawsuit there may be some liability on the Town's part for allowing a move of a few feet. . . TOWN COUNSEL-Yes. COUNCILMAN MONTESI-The other scenario for us is, to take some action and I do not know what that would be. TOWN COUNSEL-This matter was before the Town Board at the last meeting and as I understand it there was a conditional approval of the relocated buildings, the conditions being that the Town be provided with as built survey locating where the buildings were. . .so we can then see where they are in comparison to the information that we had. MRS. ARONSON-I am finding out in a Court of Law that once the foundations are in the ground it is very hard, . even if you are right, to get the people to move the foundations that is why it is important to not allow that to happen. . . TOWN COUNSEL-That maybe with respect to a private individual but I think our ordinance does provide the zoning administrator with the authority to issue a stop work order. If we say someplace in that ordinance that if information had there been a material misrepresentation to the Board with respect to any facts that a stop work order can be issued. If there was found that there was a variance between what was described to us and what actually exists that could serve as a basis for issuing a, stop work order. COUNCILMAN BORGOS-How far along are they now? MRS. ARONSON-It is just foundation. . . COUNCILMAN MONAHAN-Questioned if the land adjacent to the pool area, is staying GG ! common area? 'MRS. ARONSON-I cannot locate that map. . . COUNCILMAN MONAHAN-Asked the Town Clerk to review the minutes of the meetings regarding the PUD at Top 0' World and make copies for the Town Board. SUPERVISOR WALTER-I feel badly for what has happen to you as an individual in this particular situation. . .as far as the Board making any determinations or actions on the strength of your photographs and what you have told us they want to do some more research. MRS. ARONSON-The main question is, should they have come to the Town Board to get approval before they put those foundations in the ground? SUPERVISOR WALTER - I will make sure that specific question is answered for you. DONALD CLANCY - 6 Greenway Drive, I received notice today regarding two obstructions 'on town property where my property borders a yard light and a hedge. The hedge definitely is on town property it says further on, asking me to remove it, if [ I fail to do so"the town may remove the obstruction and charge me with the removal r/ cost, does this mean that the town may also choose not to remove it? TOWN COUNSEL - If the town is going to institute any proceedings for removal of obstruction in a highway' there is a provision in the highway law that we would have to follow, obviously you would get more than a mere letter by ordinary mail by me. I think that the reason for these letters is that the Town is very much concerned about the liability issue that everyone has read about in the paper, where we are involved in law suits claiming large amounts of dollars and one of the reasons for this letter is to advise persons who do have items of property in the town right away that if a law suit ensues the town may very well be looking to the property owner, that we are not liable for the damages if there is an injury. DONALD CLANCY - Asked if the owner would be liable. TOWN COUNSEL - Yes. DONALD CLANCY - Stated that the yard light was not his. i COUNCILMAN MONTESI - ,Stated that Mr. Mathias's letter was also to make people aware that if for some reason the Highway Dept. has new inexperienced help that doesn't see that hedge and takes it down, the town is not responsible for it. SUPERVISOR WALTER - The Town Board went out on their annual tour in May and' we also saw some of the things we considered extremely dangerous in the right away, so the letter which was composed by our Counsel and refers to an article in the Town Law is to put you on notice that you do have liability if you wish to keep it. DOROTHY BURNHAM - Boulderwood Drive, stated that about a month ago she had written a letter concerning a building being constructed on Pickle Hill Road and I would like to inquire what is being done about the situation, particularly in view of the fact that construction is proceeding. v SUPERVISOR WALTER - I do have your letter and when it was received, it was referred to the Building and Zoning Office and after receiving their comments, I am sure you will have a written response to your letter. COUNCILMAN MONAHAN - I think we decided there was two alternative that can be done and I .think it is something we would like to see how the neighbors would I like it approached as to which one of these alternatives would be followed. i �-- DOROTHY BURNHAM - I will wait to hear from you. AL GREENO - Corinth Road, George and I went up to West Side and went through their junk yard around the first of July and he tells me that the town has withheld their license until such time they have met the requirements now I would like to know if they are just going ahead and doing business without a license. 230 COUNCILMAN KUROSAKA - I spoke with Mr. Lebowitz and he understands the problem with the neighbors and left me with the comment that he wanted the cleanness and nicest wrecking yard in the Northeast, he does have some money to work with this time so maybe he will. COUNCILMAN MONTESI - Asked how long between the refusal of a license and the time they get to conform and if they don't conform what do we do? COUNCILMAN KUROSAKA - Stated that they are doing the landscaping and are working on it, noted that this was a holding yard for junk now he wants to put the whole pperation there. TOWN COUNSEL - If hg doesn't comply he doesn't get a license and he has two alternatives gone seek an injunction and restrain him from operating , two the ordinance says each day he is in violation there will be a fine of $100.00 a day. AL GREENO - Then it will drag out for years in court. SUPERVISOR WALTER - That is the law and it is the Towns responsibility to do something about it, and Mr. Kurosaka is working on this coordination with the Building Department. AL GREENO - Stated that Mr. Lebowitz said he would put up a steel building like the one across the street. SUPERVISOR WALTER - Who did he say this to? AL GREENO - To the Town Board, right here in January. SUPERVISOR WALTER - I don't believe he was before the Town Board perhaps it was the Zoning Board or Planning Board. 'RICHARD CUNNINGHAM - Passonno Paints, just want to pledge that if we are awarded that property we will do a good job. SUPERVISOR WALTER - You have been awarded the bid, you have to be notified in writing., Asked Town Highway Supervisor how the paving was going? PAUL NAYLOR - Town Highway Superintendent, on schedule. COUNCILMAN BORGOS - Commended on how great the Highway Department was doing their job. Noted that in January voting was done on salaries and thought the Board should at some point very soon sit down and try to correct some of them. COUNCILMAN BORGOS - Asked if we had written a letter regarding the serious problem of traffic going out exit 19. If not could we ask the state to address this problem, ,whether it be widening the bridge, putting new access lanes, installing a traffic light, what ever it is going to take to clear up that problem. SUPERVISOR WALTER - We haven't done one recently but we have done one, again I would have to say that it is the plan of the state to widen the bridge for the movement of traffic. We do have this regional urban transportation council and it appears to me that it is through that council that most of the work in the area or the decisions are made. COUNCILMAN BORGOS - Why don't we send a letter anyways, it can't do any harm? SUPERVISOR WALTER - Yes, why don't we do that to address the situation. I have asked them to address the traffic light and realignment not to add anything. - DISCUSSION - Held regarding Open Forum- it was agreed that Open Forum would be 1, held at the beginning of the meeting for one half hour only. If people have anything further they want to say they. can write letters to the Board ahead of time, then come and appear and perhaps expect an answer from the Board, or they can call ,during office hours and let my office know what their problem is and we can get some information that can be discussed. RESOLUTION TO APPROVE SPECIAL AUDIT OF BILLS RESOLUTION NO.197 Introduced by Mrs. Frances Walter, who moved for its adoption and seconded by Mr. Stephen n Bor gos. RESOLVED, that Audit of Bills as appears on July 22, 1986 Abstract and numbered 2077 and totaling $2,986.00 be and hereby is approved. Duly adopted by the following vote: i Ayes: Mr. Kurosaka, Mr. Borgos, Mr. Montesi, Mrs. Monahan, Mrs. Walter Noes: None Absent: None ,RESOLUTION CALLING FOR EXECUTIVE SESSION RESOLUTION N0. 198, Introduced by Mr. Stephen Borgos who moved for its adoption, seconded by Mr. George Kurosaka: RESOLVED,that the Town Board hereby moves into executive session to discuss Personnel matters. Duly adopted by the following vote: Ayes: Mr. Kurosaka, Mr. Borgos, Mr. Montesi, Mrs. Monahan, Mrs. Walter ,Noes: None Absent: None On motion the meeting was adjourned. RESPECTFULLY SUBMITTED. DARLEEN DOUGHER, TOWN CLERK s Al