1985-05-14 TOWN BOARD MEETING
MAY 14, 1985
TOWN BOARD MEMBERS
Mrs. Frances Walter-Supervisor
Mr. Daniel Olson-Councilman
Dr. Charles Eisenhart-Councilman
Mr. Daniel Morrell-Councilman
Mrs. Betty Monahan-Councilman
Mr. Wilson Mathias-Town Counsel
PRESS: G.F. Post Star, W1*SC
GUESTS: Mr. Lozo, Mr. Williams, Mrs. Green, Mr. Nason, Mr. Brandt, Mrs. Shenk,
Mr. Bolton, Mr. Stec, Mr. Mackey, Mr. Caffry, Mr. Fisher, Mr. Phillips
TOWN OFFICIALS: Mr. Paul Naylor, Mr. Mack Dean, Mr. Ralph VanDusen
PLEDGE OF ALLEGIANCE LED BY SUPERVISOR WALTER
MEETING OPENED 7:45 P.M.
PUBLIC HEARING
Proposed amendments to the Queensbury Zoning Ordinance 7:45 P.M. Notice
Shown
SUPERVISOR WALTER-Asked for comments concerning the proposed amendments
to the Zoning Ordinance.
MR. RICHARD NASON-Operation Manager for the Woodlands Dept. of Finch
Pruyn...I am concerned about the zoning changes in regard to clear cutting. The
change from twentyfive acres to one acre threshold is very restrictive. Clear
cutting is not bad and could be used as a tool. When you reduce to one acre in
any forest management system, any harvesting would require a site review plan
which is detailed—and a lot of paper work for. landowners. Example: You could
have a stand with five or six hundred trees per acre under six inches with five
or six large trees in there and if you went in and cut those trees you would actually
be doing a clear cutting under your present definition of clear cutting. Questioned
if the Planning Board received any technical advice in regard to clear cutting
and how it is used and what effect it has on the forest industry and landowners?
I would like to see the definition of clear cut follow the definition of the APA.
And secondly have an ad hoc committee sit down with the Planning Board with
professionals to draw guidelines. I feel that cutting this down to one acre would
be very difficult to administrate and basically, harvesting would have to have
a site review which would make a lot of work for the planning board and I do
not think it will accomplish what that Town wants to accomplish. I would recommend
that this be tabled and that the board look at a new definition based on the Park
Agency definition and then set up a committee to work with the Planning Board.
Present APA Definition of Clear Cutting:Any cutting of trees over six inches
in diameter breast height over any ten year cutting cycle where the average
residule base in area of such trees after such cutting is less than thirty square
feet of base area measured with the area harvested ...where regeneration is
issuant by standing conditions after such cutting the average residual base of
the trees at least one inch in diameter at breast height and at least thirty square
feet per acre measured within the area harvested. A clear cut may not be deemed
taken place unless the average residual base of the trees over six inches in diameter
at breast height is less than ten square feet of basial area.
COUNCILMAN EISENHART-You are saying that the proposal for a site plan
review is laborious?
MR. NASON-Yes...there is a lot of paper work etc...
COUNCILMAN EISENHART-Are you opposed to any site plan review?
MR. NASON- No.
COUNCILMAN EISENHART-How large should it be?
NR. NASON-I could go along with fifteen acres...one or two acres does not constitute
clear cutting. Another problem is with disease...we would have to come in for
a sanitation cut...
MR. MACK DEAN-I believe that the Planning Board agrees that the definition
should be changed and that the definition would be worked together with the
APA's definition...I believe that the Planning Board felt that this should be tabled
for further information. The Board went from ten acres down to one. The main
reason being that there are a few critical areas that were cleared cut and totally
destroyed...
MR. MIKE BRANDT-I would like to make a comment on clear cutting too, I think
it is very restrictive for West Mountain Corp. in its operation of West Mountain
Ski Center. Very often you have to change a ski trail and one acre is pretty
hard to see when we got three hundred acres of ski trails. I am not afraid of
twenty, twentyfive acre change that is reasonable to go through the process
I am not sure it serves anybody a great deal of purpose. I do not see a great
deal of problems in the Town of Queensbury from clear cutting causing erosion.
I question whether there is a need for this since there has not been a history
of problem in our area at least, that I am aware of. ...Comment on construction
on slopes 15% grade...The rules are clear when you make a subdivision you must
comply with site plan review and it is an expensive process, you have got to make
contour maps, you have to show what you are going to do and a surveyor involved.
When that plan is approved it seems to me not to serve a good purpose, it does
not serve the town a purpose to ask the residents within that approved subdivision
who may want to build a little addition to the house or little garage or something
to go though a site plan review of their lot which is essentially is duplicating
what has already been done in the initial approval process. I think it is an expensive
burden you would be putting on individual homeowners and I do not think it is
necessary or serves much of a purpose for the Town or the individual.
COUNCILMAN OLSON-You are saying that you would be opposed to this?
MR. BRANDT-I am not opposed to it for the development, if I am coming in
for a new development it make sense but once the people in Northwest Village
who own there, if they would like to put on a solar complex on their house they
would have to give you a coutour map with their site, make a map, it is a very
expensive process. When you are making a whole subdivision, fine, you have
to have mapping anyhow, it is relatively small cost in the total cost of the subdivision.
For a homeowner to do it just for a small thing on their home it is very expensive,
I do not think it serves any purpose. I think it creates a lot of paper work for
the Town to handle and a lot of processing that they do not want either. In regard
to wetlands...We have some boggie areas along Quaker Road and there is movement
to declare those wetlands undevelopable and if you look at where most of the
commercial development is along the flats of Quaker Road it was all bog at one
time or the same ground level as what is now bog. That has been filled in by
various sources of fill and we have made a very nice commercial area which
is a very essential part of our tax base. I would be very careful at stopping that
because we already have a concentration of public monies in the road system
that serves that and you will have to widen and fix that road and you need that
tax base. In the future you will have to provide some kind of sewage system
in there so if you have more of a concentration of development, I think it serves
the Town and the people better than if you reserve that for the critters. There
are six million acres in the park which is adjacent to us within our town, or part
of it, that is reserved for all of Gods critters, I would like to see some reserved
for us.
COUNCILMAN EISENHART-Do we have any control over what is called a wetland?
MR. BRANDT-I think you can push pretty hard in one direction I think that there --
are practical considerations whenever the process of government on the State
level turns. If it is an undue hardship for the Town to be restricted from development
I think that is taken into consideration. From my own observations here I believe
that the sanding of the roads that we have done over the years in that route _ 1
9 Quaker Road Area has silted that drainage basin quite a bit and probably raised
the ground water table, the stream beds and caused more of that water to accumulate
so it may be some of our own doing that the lands got wetter than it was. Perhaps
the answer would be to dredge out the streams back to its original Pvel and
make a few catch basins and try and catch the silt that we bring in,...
MR. BILL MORTON-9 Meadow Drive-I think that the Town Board has the obligation
119
and the responsibility to protect the natural resources in the Town on behalf
of the people. As I understand it, there is a move to provide a buffering along
the streams by preventing hardtopping within 50' of a stream. I think that is
a step in the right direction, I do not think that it goes far enough and I would
propose to do is send some additional information to the Town Board or Planning
Board on some concepts in stream corridor management, which I think that the
Town should look at and consider. The Town has a number of streams, the community
should view these as an asset, they are a natural resource and they do provide
a variety of benefits. I think that it is incumbent upon the Town to take every
opportunity that we have to retain and propetuate them and keep them in good
condition, for our generation and future generations. In regard to wetlands...We
have Federal and State policies which are trying to protect the nation it would
be incumbant upon the Town Board to also be consistent with Federal and State
Policies and try to protect the wetlands in the Town. In the northern part of
Queensbury what you have, in the Adirondack Park, is the bulk of the wetlands
are in land conservation zones these are either land conservation 42 acres or
10 acres. To my way of thinking this is good but in the southern part of the Town
there are numerous wetlands that do not receive that kind of protection, so what
we have here are policies from the Federal and State levels working at cross
purposes with policies at the local level. When the local government zones the
land, a wetland and allows for one acre lot size that sends a certain set of signals
and ground rules to a developer to encourage the developer to develope those
wetlands consistent with the Zoning Ordinance. The State and Federal policies
are trying to protect the wetlands, so you have the different levels of government
working at cross purposes...it would be better to have consistent relationship
between Federal, State and Local Levels and try to have consistant policies so
there is a partnership between the Federal, State and Local Governments, to
protect the wetlands, so the developer is working with the same set of ground
rules. I would hope that consideration would be given to zoning the wetlands
in the southern parts of the Town and at least land conservation...
MRS. SHIRLEY SHENK-Resident of Northwest Village-Regarding Construction
on Slopes...We bought a lot and built a house in Northwest Village seven years
ago we are above the 15% grade. We have no problems with water, West Mountain
has drained much of the mountain to go into the snow making pond so as far
as water runoff there is none...My point is we knowingly bought into an approved
subdivision (30 lots) and now if thirty families want to make any change in their
driveway or addition, it is not something that we expected to happen it is very
costly we just do not have the problems in the neighborhoods that would seem
-- to me to take up your time or ours to duplicate what a building permit authorizes
us to do. If I want to put an addition on my house do I have to come for a site
plan review under this proposal?
SUPERVISOR WALTER-Yes, that is what it does say.
MRS. SHENK-It is not just Northwest Village there are other people who live
on a hill more than 15% grade...I can foresee a lot of problems in trying to resell
a house...
SUPERVISOR WALTER-For the purpose of public information, the Planning Board
had discussed these changes, the changes were for problems that they had had
with dealing with the zoning ordinance. They presented them to the Town Board
we made no changes in them but rather set them up for a public hearing. I think
that in last nights session (with Planning Board) they looked at what they had
done, as we talked about the section on cutting restrictions, they requested that
the Board hold up on that section...we also talked about construction on slopes
and, I know about that proposed construction on a privately owned driveway
the idea was to cut that slope back to 10%...
MRS. SHENK-I do not know what that means? You cannot construct a private
driveway on your property on a slope of 10% or more?
SUPERVISOR WALTER- No, you can do that if the Planning Board looks at the
site and approves of it...
COUNCILMAN OLSON-Under Section 7.012 and the comments from the public
that we need a better definitions...
MR. DEAN-The main concern was accelerated run off created by driveways
that are too steep...
MRS. SHENK-I would make the suggestion that consideration be given to existing
120
subdivisions that have been approved by the Town be exempt from this...be grandfathered
out...
COUNCILMAN MONAHAN-Once you have changed something that has been
approved then the first approval is not valid. They have only approved certain
cuts in certain slopes when you go to change it, it negates their work.
COUNCILMAN OLSON-When we give this back to the planning board might be
existing houses in approved subdivisions would be grandfathered but new construction...
COUNCILMAN MONAHAN-you have missed my point, they have approved a
driveway to be put in at a certain angle and level, I am talking about a subdivision,
you got a house up there you put a driveway in one way that was the approved
way, the minute you start monkeying with that any which way you can change
the whole water course for the subdivision, so you can't grandfather people that --t
are already there.
COUNCILMAN OLSON-I think that the Planning Board was looking at major
construction.
COUNCILMAN MONAHAN-They have had changes just from driveways and driveway
levels changing up and down on the road and what it is doing to the guy across
the road.
MR. BRANDT-When a subdivision is approved, the roads are approved the lots
are approved but not the surface driveways going to the house, they do not have
approvals or disapprovals, that is up to the builder, it does not get involved with
Town government. People that build on steep slopes are building for a view,
they are building a fairly expensive home and what I feel that they are very aware
of erosion, they have a lot to lose if they lose their soil. Most people build retaining
walls and a lot of nice work is done, I question whether government has to protect
an individual or the people down below them. If someone above my house causes
erosion and it comes down on my land, I can go after them...I am not sure the
government should protect me, I can handle it myself.
MR. GEORGE STEC-Butler Pond Road-I would like to voice my objection to
6.012 construction on slopes also, there are many people in the Town of Queensbury
....some of Queensbury is remote and wooded and much of the land is owned r
by private individuals with small holdings, ten, twenty, one hundred acres and
their ingress and egress is through old roads many times they might travel over ---'
peoples property to get there, I am not familiar with site plan review, the number
of pages that are involved but I can see it is restrictive....If I own land I would
want access to that land...if I want the timber harvested and use that roads
to get to it, knowing well that if the construction I do or have done causes someone
else damage I am liable. I do not see where it is necessary for local government
to say you can or cannot put a driveway in to your house or woodlot I think it
is restrictive, it will lose the land value...in regard to clear cutting I believe
that one acre is too restrictive.
MR. STEVE MACKEY-Conservation Chairman of the Adirondack Mountain Club-I
wanted to speak on the wetland issue...We need the open spaces, we do not want
to live in an urban society where everthing is paved over, it is nice to have woods
and wild life around. The wetlands are the most productive area that there are,
more productive than the ocean or woodlands or marsh. The are productive of
biomass, vegetation and wildlife. Wetlands filter water, water that comes through
from storm drainage, it also replenishes the ground water it also prevents flooding...50%
of the wetlands in N.Y. have been filled in just one wetland here is no big deal
but when you just keep filling them in pretty soon we will be in trouble. It is
a matter of having foresight and plan instead of waiting for a crisis, now is the
time to rezone these areas or go ahead with the site plan review...
COUNCILMAN EISENHART-Have you given this information to ENCON, they
are the ones that set the maps...?
MR. STEVE MACKEY-They have done the maps for Warren County...the Town
has not reacted at all, there are smaller areas in the Town...the problem with
the zoning along Quaker Road being Industrial...
COUNCILMAN OLSON-We know we have streams in this Town...maybe some
of the wetlands on Quaker Road are over runs of streams...
MR. STEVE MACKEY-I was under the impression that it was wetlands from here
121
to the Mountain on the east side of Lake George not so long ago...
MR. JOHN CAFFRY-TEE HILL ROAD- I think that it is good that the Town
.is considering site plan review over the wetlands so they can have some control
over how they are used, while we still have a chance to protect them. The proposed
ordinance changes are good but I think that they could be strenghtened to make
them easier to enforce, in particular the section on site plan review requirements
5.070 it has a list of nine factors, but none of them mention protecting wetlands
or other ecological values. If that was written into the site plan review it would
be easier for the Planning Board to apply its new power and carry out site plan
review on wetlands and give them something to go by to make it more enforceable.
i
SUPERVISOR WALTER-Many of the projects that are going to be approved would
have to have SEQRA Environment Impact Statement under that, would this then
` be in addition to?
MR. JOHN CAFFRY-I do not know if SEQRA provides the mechanism for the
Town to review the plans and impose some conditions on them like they can do
under site plan review. Requested that the Board rezone some of the important
wetlands.
SUPERVISOR WALTER-Under Article Z Section Z.OZO Definitions Junk Automobile
it should delete "intended or" the purpose of this is to give more teeth to the
Building & Zoning Dept. to enforce that section... Also Article 7 Section 7.076
frontage upon a public street...we put in frontage at 40 feet and such frontage
shall provide actual physical access to and from the lot to be built upon for purposes
of ingress and egress to the lot by emergency vehicles such as fire trucks and/or
ambulances...Question to Counsel-Why are we concerned with emergency vehicles
getting to the lot? You want your building to abutt on a public street you want
the driveway also to front on a public street, the reason I am bringing this up
is that the Planning Board took exception to that and did not feel that, that was
necessary. They felt that if you had your house on a public street, that your
driveway could go out on a non-public street.
COUNCILMAN OLSON-I disagree with the Planning Board, that is a problem
that the Highway Dept. has come into. The problem is that we have people that
buy lots, that only have ten to fifteen feet that fronts on a Town Road and they
legally can get a building permit.
COUNCILMAN MONAHAN-The problem is that it does not come out on a public
highway and you have to get into it...
SUPERVISOR WALTER-They felt that emergency vehicles could pull up at the
front door they do not have to go up the driveway...
COUNCILMAN MONAHAN-What are you going to do about a house that sets
back one hundred feet?
SUPERVISOR WALTER-For the purposes of the public the Junk Automobiles
and Frontage on a Public Street were changes that the Town Board wanted...but
the Planning Board is having a problem with Frontage on a Public Street.
COUNCILMAN OLSON-We have had problems with people who have purchased
a lot that was half way up an undeveloped road, that has not be approved by
the Town and ran a driveway three hundred feet to a Town Road...the road could
not be accepted by the Town for legal reasons...
The Planning Board is not the Board that gets the calls in the middle of the winter,
its the Highway Dept.
-- UNKNOWN-Requested that the Town Board not take action, requested time
to review the statements of Mr. Stec. and Mr. Nason...
TOWN COUNSEL-The justification originally by the State of New York was to
say that you cannot build unless you front on a public street, the rational for
that was that emergency vehicles could get to your house, that was a time when
people were probably in subdivision where they were closer to the road and did
not have the concerns of being back. I think that, that judicial rational has not
changed, I think that all this does is carry it forward if there is to be change
in another direction it has to come from someplace other than the Town Board.
It sure does not make any sense to me if you are saying that the reason you cannot
build there is that the fire trucks cannot get there, to be able to say that the
fire trucks can get to your lot but cannot get to your house.
122
SUPERVISOR WALTER-We can change the wording-to say that the required
frontage will be 30 feet, frontage shall provide actual physical access to and
from ie. the driveway will be on the public road...
MR. HOWARD FISHER SR.-North Queensbury-Fishers Marina-Spoke on the system
that the fire companies use in getting to houses off the main roads...questioned
if anyone thought about using something other than salt on the road...use coal
in some areas..voiced his complaint about the conditions of some areas of Ridge
Road..junk vehicles etc.
COUNCILMAN MONAHAN-I have a problem with the ShoreLine Fill-we should
exempt gravel...if gravel is not replaced you can have muck coming in...
i
SUPERVISOR WALTER-Would you put a limitation on that?
i"
COUNCILMAN MONAHAN-Yes...a load...
COUNCILMAN MORRELL-You cannot build seawalls? -�
SUPERVISOR WALTER-It does not say you can't it says you are under site plan
review if you want to do that....
COUNCILMAN MONAHAN-Again, if we are going to put half the Town under
site plan review at the rate we are going, we will have a Planning Board that
never gets their work done.
I would like some clarification on 4.020-as far as restaurants are concerned...if
we are talking about a bar that is disguised as a restaurant, I will have a problem
with that...because it is open all hours of the day and night, the noise etc. all
the permitted uses in that zone are of the type that are not open 24 hours except
fire stations.
SUPERVISOR WALTER-Most small shopping areas have a sandwich shop ...
COUNCILMAN MONAHAN-A restaurant is ok but not a bar operating under
the name of a restaurant...could we define opening and closing hours?
SUPERVISOR WALTER-Asked for further comments, hearing none the public
hearing was closed. 9:03 P.M. {
PUBLIC HEARING 9:04 P.M.
Mobile Home Application of Darwin A. Williams Jr. of 71 Briwood Cir. to locate
a mobile home on Ogden Road, owner of property Ernestine Bovee-Mr. & Mrs.
Williams were present...Notice Shown...approved by the Building and Zoning
Dept.
COUNCILMAN EISENHART-There is only one mobile home on this street at
the moment, next to the Faith Bible Church, the Building Dept says it is compatable
with other residences, but the other residences are homes...
MR. WILLIAMS-presented the Town Board with signatures from residents in
the area stating no objection to the placement of a mobile home on the street...
Noted that there is another double wide mobile home in the area...
SUPERVISOR WALTER-Asked for public comments...
COUNCILMAN EISENHART-I was going to vote no on this but when he brings
the names in here I cannot kick on the thing if the people around there do not
mind it, it is alright with me.
COUNCILMAN OLSON-You have nine people that signed the petition, how many
other people on the street?
i
MR. WILLIAMS-That is just about the whole street...There are twelve houses
on the street, one is ready to fall down...
SUPERVISOR WALTER-Asked for further comments, hearing none the public
hearing was closed. 9:07 P.M.
PUBLIC HEARING 9:10 P.M.
123
Mobile Home Application of Charles and Donna Lozo of John Burke Apts. to
locate a mobile home on the corner of Eisenhower and Ralph Road...Owner of
property Ralph and Geneva Elmore...Notice Shown...Approved by Building and
Zoning Office...Mr. Lozo was present...
COUNCILMAN EISEN HA RT-Questioned where Ralph Road was...
MR. LOZO-That is not a Town Road...
COUNCILMAN EISENHART-We have approved another mobile home on Eisenhower
Avenue and it fits in with the area...
MRS. ELMORE-Showed the Board a copy of a map of the area...
MR. LOZO-I am purchasing the land...contingent upon getting approval to place
a mobile home...
SUPERVISOR WALTER-Asked for further comments, hearing none the Public
Hearing was closed...9:11 P.M.
PUBLIC HEARING 9:12 P.M.
Mobile Home Application of Olive T. Green of East Drive to locate a mobile
home on Sanders Road...Owner of Property Stanley Phillips...Notice Shown...Approved
by the Building & Zoning Dept....Mrs. Green was present...
MR. PHILLIPS-Presented a paper to the Town Board regarding the ownership
of the property...Mrs. Green is now the owner...have signatures of neighbors,
no opposition to the placement of a mobile home...
COUNCILMAN OLSON-This certainly meets the criteria of a hardship...
SUPERVISOR WALTER-Asked for further comments, hearing none the Public
Hearing Closed 9:13 P.M.
RESOLUTIONS
RESOLUTION TO APPROVE MINUTES
RESOLUTION NO. 122, Introduced by Dr. Charles Eisenhart who moved for its
adoption, seconded by Mr. Daniel Morrell:
RESOLVED, that the Town Board Minutes of April 23, 1985 be and hereby are
approved.
Duly adopted by the following vote:
Ayes: Mr. Olson, Dr. Eisenhart, Mr. Morrell, Mrs. Monahan, Mrs. Walter
Noes: None
Absent:None
RESOLUTION OF APPOINTMENT
RESOLUTION NO. 123, Introduced by Mr. Daniel Olson who moved for its adoption,
seconded by Mr. Daniel Morrell:
WHEREAS, there is a vacancy for Town Health Officer in the Town of Queensbury,
due to the resignation of Dr. John G. Dier, Jr., and
WHEREAS, the Town Board of the Town of Queensbury wishes to appoint a Health
i
Officer for the Town of Queensbury, NOW, THEREFORE BE IT
�— RESOLVED, that the Town Board of the Town of Queensbury hereby appoints
Robert Evans D.O. of Assembly Point, Queensbury as Health Officer for the
Town of Queensbury, term to begin on May 13, 1985 through December 31, 1987
and be it further
RESOLVED, that compensation for this position will be set at Five Thousand
($5,000.00) Dollars per year.
124 -
Duly adopted by the following vote:
Ayes: Mr. Olson, Dr. Eisenhart, Mr. Morrell, Mrs. Monahan, Mrs. Walter
Noes: None
Absent:None
SUPERVISOR WALTER-Dr. Evans is in Family practice with Dr. Tedesco, he
is a resident of the Town of Queensbury, he is Board certified with the American
Academy of Family Physicians...he has shown a lot of interest in this position
and we certainly do need a Health Officer.
i
RESOLUTION AUTHORIZING SUPERVISOR TO SIGN EASEMENT AGREEMENT
RESOLUTION NO. 124, Introduced by Mr. Daniel Morrell who moved for its adoption,
seconded by Mr. Daniel Olson:
WHEREAS, the Town is interested in properly maintaining and controlling slopes
adjacent to town highways, and
WHEREAS, the owners of property, David and Jayme Harvey and Top of the
World Corp. desire that certain slopes located on the southerly side of Lockhart
Mountain Road be maintained and controlled by the Town, NOW, THEREFORE
BE IT
RESOLVED, that the Town Supervisor be and hereby is authorized to sign an
easement agreement for control of slopes on the southerly side of Lockhart Mountain
Road, Town of Queensbury.
Duly adopted by the following vote:
Ayes: Mr. Olson, Dr. Eisenhart, Mr. Morrell, Mrs. Monahan, Mrs. Walter
Noes: None
Absent:None
MR. PAUL NAYLOR-HIGHWAY SUPT.-We are having a bad erosion problem
on Lockhart Mountain, trees, rocks falling down into traffic, we need to do somenting
fast...
RESOLUTION OF PETITION
RESOLUTION NO. 125, Introduced by Mrs. Betty Monahan who moved for its
adoption, seconded by Mr. Daniel Olson:
WHEREAS, County Route 254, known as the Quaker Road, is a main east-west
artery in the Town of Queensbury carrying heavy commercial and industrial traffic
and
WHEREAS, current traffic flows have taxed the limitation of the road design
and surfaces and
WHEREAS, Route 254 is not a Town Road under the jurisdiction of the Town
of Queensbury Highway Superintendent but is a County Road and
WHEREAS, Warren County has been reluctant to face this unsuitable and potentially
dangerous problem to this point in-time and
WHEREAS, the Glens Falls Urban Transportation Council has postponed any
activity, however.primary, for several years,
NOW, THEREFORE BE IT
RESOLVED, that the Queensbury Town Board hereby petitions the County of
Warren to commence redesign of Route 254 in cooperation with the Glens Falls
Urban Transportation Council immediately enabling widening and resurfacing
to take place before a prolonged amount of time to avoid possible tragedy, and
be it further
RESOLVED, that copies of this resolution be sent to:
DOT Commissioner James L. LaRocca, Senator Ronald Stafford, Assemblyman
Robert D'Andrea, Sterling Goodspeed, Chairman of Warren County Board of
Supervisors, Mayor Edward Bartholomew, Chairman Glens Falls Urban Transportation
Council and Fred Austin, D.P.W. Chief, Warren County.
Duly adopted by the following vote:
Ayes: Mr. Olson, Dr. Eisenhart, Mr. Morrell, Mrs. Monahan, Mrs. Walter
Noes: None
Absent:None
I
\� RESOLUTION OF REAPPOINTMENT TO BOARD OF ASSESSMENT REVIEW
RESOLUTION NO. 126, Introduced by Mrs. Betty Monahan who moved for its
adoption, seconded by Mrs. Frances Walter:
RESOLVED, to reappoint Leslie Rymkewicz of Chestnut Ridge Road Queensbury
to a three year term on the Board of Assessment Review, term to expire 12/31/87.
Duly adopted by the following vote:
Ayes: Mr. Olson, Dr. Eisenhart, Mr. Morrell, Mrs. Monahan, Mrs. Walter
Noes: None
Absent:None
SUPERVISOR WALTER-The Town of Queensbury has had an Industrial Development
Agency and we have not been active. About five months ago we were looking
at doing some kind of business through our Industrial Development Agency, finding
out that because we were inactive and it was created in 1974 that there was
an expiration of 1984. What we have asked that State Legislature to do is to
give us legislation that will amend the General Municipal Law and allow us to
continue our Industrial Development Agency. This is a Home Rule request its
been drafted, the copy of the bill is S-6018 it will be introduced by Senator Stafford,
in order to get this on the floor we need to have a resolution authorizing me
to sign a Home Rule Request. This extends Industrial Development Agency as
it is so we can do business within the Town and hopefully that will be another
tool for us to bring some industry into this Town as other areas are doing.
RESOLUTION AUTHORIZING SUPERVISOR TO SIGN A HOME RULE REQUEST
RESOLUTION NO. 127, Introduced by Dr. Charles Eisenhart who moved for its
adoption, seconded by Mr. Daniel Morrell:
Resolution forthcoming from Town Counsel, to be found on page
DuIy adopted by the following vote:
Ayes: Mr. Olson, Dr. Eisenhart, Mr. Morrell, Mrs. Monahan, Mrs. Walter
Noes: None
Absent:None
RESOLUTION TO SET PUBLIC HEARING ON AMENDMEN'T'S TO LOCAL LAW
NUMBER 2 OF 1983 REGULATING TRANSIENT MERCHANTS AND SOLICITORS
IN THE TOWN OF QUEENSBURY
RESOLUTION NO. 128, Introduced by Dr. Charles Eisenhart who moved for its
adoption, seconded by Mrs. Betty Monahan:
WHEREAS, the Town Board of the Town of Queensbury has determined the need
to clarify certain provisions of Local Law Number 2 of 1983 regarding license
fees, exemptions, and general regulations for transient merchants and solicitors,
and to regulate persons leasing space to groups of transient merchants and solicitors,
and
126 .
WHEREAS, proposed amendments to Local Law Number 2 of 1983 licensing of
Transient Merchant and/or Solicitor Markets and clarifying certain provisions
regulating transient merchants and solicitors, a copy of which is hereto annexed,
has been prepared and
WHEREAS, the proposed local law is worthy of consideration for legislative action,
NOW, THEREFORE BE IT
RESOLVED, that a public hearing be held concerning the proposed adoption of
said local law 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 th 28th day of May, 1985
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.
Duly adopted by the following vote:
Ayes: Mr. Olson, Dr. Eisenhart, Mr. Morrell, Mrs. Monahan, Mrs. Walter
Noes: None
Absent:None
RESOLUTION TO AUTHORIZE PERMIT FOR MOBILE HOME
RESOLUTION NO. 129, Introduced by Mr. Daniel Morrell who moved for its adoption,
seconded by Mrs. Betty Monahan:
WHEREAS, Mr. Darwin A. Williams Jr. 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 at property situated 407 Ogden Road, and
WHEREAS, this Town Board has conducted a public hearing in connection with .,
said application and has hard 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, NOW, THEREFORE BE IT
RESOLVED, that pursuant to the provisions of the above mentioned ordinance,
permission is hereby given to Mr. Darwin A. Williams Jr. to locate a mobile home
at property situated at 407 Ogden Road and that the Building Inspector 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. Olson, Dr. Eisenhart, Mr. Morrell, Mrs. Monahan, Mrs. Walter
Noes: None
Absent:None
RESOLUTION TO AUTHORIZE PERMIT FOR MOBILE HOME
RESOLUTION NO. 130, Introduced by Mrs. Betty Monahan, who moved for its --
adoption, seconded by Mr. Daniel Olson:
WHEREAS, Charles and Donna Lozo have 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 at property situated on the Corner of Eisenhower Avenue
and Ralph Road, and
127
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, NOW, THEREFORE BE IT
RESOLVED, that pursuant to the provisions of the above mentioned ordinance,
permission is hereby given to Charles and Donna Lozo to locate a mobile home
at property situated at the corner of Eisenhower Avenue and Ralph Road and
that the Building Inspector 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. Olson, Dr. Eisenhart, Mr. Morrell, Mrs. Monahan, Mrs. Walter
Noes: None
Absent:None
RESOLUTION TO AUTHORIZE PERMIT FOR MOBILE HOME
RESOLUTION NO. 131, Introduced by Mr. Daniel Olson who moved for its adoption,
seconded by Mrs. Betty Monahan:
WHEREAS, Olive T. Green 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 at property situated at Sanders Road, 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 cf the permit
requested by said application, NOW, THEREFORE BE IT
RESOLVED, that pursuant to the provisions of the above mentioned ordinance,
permission is hereby given to Olive T. Green to locate a mobile home at property
situated at Sanders Road and that the Building Inspector 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. Olson, Dr. Eisenhart, Mr. Morrell, Mrs. Monahan, Mrs. Walter
Noes: None
Absent:None
DISCUSSION HELD IN REGARD TO AMENDING ZONING ORDINANCE
COUNCILMAN EISEN HART-Requested that the Planning Board look again at
what was questioned tonight...it was decided that the following sections would
be brought before a vote tonight...7.011,7.011A, 7.074, 4.020h&g, 6.040, 7.010,
2.020 and 5.070...no action will be taken at this time on the remaining changes
Article 7 Section 7.076 Section 7.011B, Section 7.012, Section 7.063
RESOLUTION TO AMEND QUEENSBURY ZONING ORDINANCE
RESOLUTION NO. 132, Introduced by Dr. Charles Eisenhart who moved for its
adoption, seconded by Mr. Daniel Morrell:
WHEREAS, the Queensbury Planning Board presented the Town Board with several
amendments to the Queensbury Zoning Ordinance and
WHEREAS, the Queensbury Town Board set a public hearing on May 14, 1985
128
at 7:30 P.M. on the proposed amendments to the Zoning Ordinance, and
WHEREAS, the Public Hearing was held at the specified time and place and all
interested parties were heard on the proposed amendments to the Queensbury
Zoning Ordinance and
WHEREAS, certain amendments were tabled for further comments from the
Planning Board, NOW, THEREFORE BE IT
RESOLVED, that the following amendments be added to the Queenbury Zoning
Ordinance:
ARTICLE 2 Section 2.020 Definitions
#50 "Junk Automobile" Delete "intended or"
4.020 Schedule of Regulations (addition)
1. Restaurants In PC (4.020-h )#15 Restaurant
In RC (4.020-g) Under Site Plan Review II
#8 Restaurants, Taverns, Refreshments and other incidental
facilities for patrons.
Z. In RC zones 4.020-g Minimum yard setbacks
Side Yard-sum of side yards equals 30' or more with a 10' minimum
Add to Appendix C New Heading: Regional Project Review and Site
Plan Review Criteria
Section 6.040 New Heading Regional Project Review and Site Plan
Review Criteria
a) The prinicpal aspects of a project site to be considered in completing
regional project review are found in a supplementary document titled
Regional Project Review and Site Plan Review Criteria - Appendix
C for the Town of Queensbury.
Add to --•
Section 7.010 Purpose of Shoreline Regulations
New Purpose of Shoreline and Wetland Regulations
Section 7.011 Shoreline Regulations
New Shoreline and Wetland Regulations
Section 5.070 Requirements for Type I and Type II Site Plan Review
In order to approve any Type I and Type II Site Plan Review use the
Planning Board shall find that:
a) The use complies with all other requirements of this ordinance,
including the dimensional regulations of the zoning district
in which it is proposed to be located and that there has been
compliance with the provisions of the Queensbury Subdivision
Regulations, the Queensbury Sewage Ordinance, the Queensbury
Sign Ordinance, and other state and local codes as applicable.
b) The Planning Board review of the Site Plan shall include,
as appropriate, but not limited to the following general
standards:
1) Location arrangement, size, design and general
site compatibility of buildings, lighting and signs.
2) Adequacy and arrangement of vehicular traffic
access and circulation, including intersections, road
widths, pavement surfaces, dividers and traffic
controls.
3) Location, arrangement, appearance and sufficiency
of off-street parking and loading.
4) Adequacy and arrangement of pedestrian traffic
access and circulation, walkway structures, control
of intersections with vehicular traffic and over
all pedestrian convenience.
5) Adequacy of storm water and drainage facilities.
6) Adequacy of water supply and sewage disposal
facilites.
7) Adequacy, type and arrangement of trees, shrubs
and other landscaping constituting a visual and/or
noise buffer between the applicants and adjoining
lands including the maximum retention of existing
vegetation.
8) Adequacy of fire lanes and other emergency
zones and the provision of fire hydrants.
9) Adequacy and impact of structures, roadways
and landscaping in areas with susceptibility to ponding,
flooding and/or erosion.
c) In making the determination hereunder, the Planning Board
shall consider those factors pertinent to the project contained
in the development considerations set forth herein Section
5.071 of this Ordinance and in doing so the Planning Board
shall make a net overall evaluation of the project in relation
to the development objectives and general guidelines set
forth in Section 6.040 of this Ordinance.
SECTION 7.011
A. 2) Docks. In all residential and recreation commercial
zones, docks may be constructed on any legal size building
lot, subject to number, size, configuration and setback
restrictions and for which a building permit has been
issued.
(ADD)
Further, no vessel shall be moored, berthed, tied or otherwise
attached to any dock or shoreline if such vessel may
encroach more than one (1) foot beyond adjacent property
line as projected on a perpendicular line from shore at
a distance not exceeding the furthest point of projection
from shoreline of dock in question, unless consent of
adjacent property owner(s) is obtained.
SECTION 7.074 Accessory Structures CHANGE HEADING TO READ
Accessory Structures and Uses
ADD 7.074
B. Trash Receptacles
1. Trash/garbage receptacles, containers and other devices
intended for temporary holding for removal from site of
waste material shall be placed in such manner that said
receptacle is not visible from public rights of way, which
may be accomplished by means of one or more of the following:
I
a) Totally hidden behind building it serves
b) Screened by foliage or solid fencing
c) Contained within a structure suitable for such use
130
2. Trash/garbage receptacles shall be secured at all times
to prevent any waste material deposited or intended
to be deposited in such receptacles from being spread
about by natural or other causes.
Duly adopted by the following vote:
Ayes: Mr. Olson, Dr. Eisenhart, Mr. Morrell, Mrs. Monahan, Mrs. Walter
Noes: None
Absent:None -_-
COMMUNICATIONS
Bid Opening- Capital Improvement Project-Opened at 2:00 P.M. 5-14-85
Items Bid
85-8 Ductile Iron Pipe
85-9 Wedge Gate Valve
85-10 Cast/Ductile Iron Fittings
85-11 Valve Boxes
85-12 Hydrants
85-13 Butterfly valves
85-14 Valve Box Extensions
Griffin Pipe Prod., Florence, New Jersey 85-8 $97,260.00 Non Col. attached
Atlantic State Cast Iron Pipe Co., Phillipsburg, New Jersey 85-8 $96,100.00
Non Col. attached.
Clow Corp., Albany, N.Y. 85-9 $3,540.45 85-12 $13,282.60 85-13 $5,600.36
Non Col. attached. 1
1
United State Pipe & Foundry Co., Latham, N.Y. 85-8 $97,900.00 Non Col. attached.
Vellano Bros. Inc., Latham, N.Y. 85-9 $2,775.00 85-10 $2,735.00 Ductile or
$2,435.80 Cast 85-11 $1,525.00 85-12 $10,100.00 85-13 $4,400.00 85-14 $250.00
Non Col. attached.
LeValley McLeod Inc., Schenectady, N.Y. 85-9 $2,998.50 85-10 $450.00 (partial
quote) 85-12 $10,360.00 85-13 $4,657.20
-Ltr. of recommendation-Ralph VanDusen, Deputy Supt.85-8 Atlantic States
Cast Iron Pipe
85-9 -10-11-12-13-14 Vellano Bros. Inc.
RESOLUTION TO ACCEPT BIDS
RESOLUTION NO. 133, Introduced by Dr. Charles Eisenhart who moved for its
adoption, seconded by Mr. Daniel Olson:
WHEREAS, Thomas Flaherty, Water Supt. for the Town of Queensbury did recommend
that we advertise for bids for Capital Improvement Projects and
WHEREAS, Six Bids were submitted and received and opened at the specified
time and place by the Director of Purchase/Town Clerk Donald A. Chase, and
such bids were then turned over to Mr. VanDusen, Deputy Water Supt. for his
recommendation, and
WHEREAS, Mr. VanDusen by letter has recommended that the bids be awarded
as follows:
85-8 Ductile Iron Pipe - Atlantic States Cast Iron Pipe Co., Phillipsburg, New
Jersey in the amount of $96,100.00
85-9 Gate Valves - $2,775.00
85-10 Iron Fittings - $2,435.80
85-11 Valve Boxes - $1,525.00
85-12 Hydrants - $10,100.00
13-1
85-13 Butterfly Valves - $4,400.00
85-14 Valve Box Extensions —$250.00 -Vellano Bros. Inc. of Latham. N.Y.
NOW, THEREFORE BE IT
RESOLVED, that the Town Board of the Town of Queensbury hereby accepts
the bids as mentioned above and be it further
RESOLVED, that the financing for such materials is in the 1985 Water Dept.
Budget.
Duly adopted by the following vote:
l Ayes: Mr. Olson, Dr. Eisenhart, Mr. Morrell, Mrs. Monahan, Mrs. Walter
Noes: None
Absent:None
SUPERVISOR WALTER-Received a request from Assembly Developers and Tectonics
representing Bay Road Presbyterian Church...to refund the building fee for their
the Bay Road Church addition...
DISCUSSION HELD-It was the consensus that the Board will formulate a rule
on who refunds will be made for...
RESOLUTION TO REFUND BUILDING FEE
RESOLUTION NO. 134, Introduced by Dr. Charles Eisenhart who moved for its
adoption, seconded by Mr. Daniel Olson:
RESOLVED, that the Building Permit Fee for an Addition to the Bay Road Presbyterian
Church, Bay Road, Queensbury in the amount of Four Hundred and Forty Dollars
($440.00) be and hereby is refunded.
Duly adopted by the following vote:
Ayes: Mr. Olson, Dr. Eisenhart, Mr. Morrell,
Noes: Mrs. Monahan, Mrs. Walter
Absent:None
SUPERVISOR WALTER-Announced that Mr. Rick Bolton, Assistant Building
Inspector has requested permission to attend a N.Y. State Training Program
for Building Code Officials-Warren County Municipal Center-on May 28th through
31st.
RESOLUTION TO ATTEND CONFERENCE
RESOLUTION NO. 135, Introduced by Mrs. Betty Monahan who moved for its
adoption, seconded by Dr. Charles Eisenhart:
RESOLVED, that permission is hereby granted to the Assistant Building Inspector,
Rick Bolton to attend a New York State Training Program for Building Officials
on May 28th through the 31st. 1985,at the Warren County Municipal Center,
Lake George Road, New York and be it further
RESOLVED, that the Town Board authorizes all reasonable and necessary expenses.
Duly adopted by the following vote:
Ayes: Mr. Olson, Dr. Eisenhart, Mr. Morrell, Mrs. Monahan, Mrs. Walter
Noes: None
Absent:None
-SUPERVISOR WALTER-I received a letter from Mr. Jim Mills of the Zoning
Board of Appeals, resigning from such board position...to be effective immediatly.
-For the Board,Councilman Olson and Councilman Eisenhart from the lighting
committee, Nimo has been talking about relamping some of the streets, that
132 •
now have completed one District and they are in the process of changing other
lights in the Town, you will be noticing that we will be going to sodium lighting...
it will be cut down on the expenses of the Town...
-The Town Board has received a Loyalty Day Award from the Veterans of Foreign
Wars...plus an American Flag which is now flying...
-The Auction that was held recently netted $18,000.00 in sales...
COUNCILMAN MONAHAN-The League of Women Voters are holding a debate
on May 15th 1985 at 7:30 P.M. at the Mohican Grange Hall-Debate to be on the
Proposed Ward System. .
REPORTS j
Town Clerk's Monthly Report for the month of April 1985 on file... �..J
Building & Zoning Monthly Report for the month of April 1985 on file...
OPEN FORUM 10:03 P.M.
-UNKNOWN-Questioned the status of the proposed water district on Clendon
Ridge?
-SUPERVISOR WALTER-We met with the Engineer this evening, he has been
working on a district, we made some determinations tonight so he could make
his caculations...Mr. Steves has been retained to do the mapping of the district—we
are hoping to have a public hearing which will give you the costs in June.
UNKNOWN-Member of the Twicwood Association-Questioned the Status of the
purchase of the Round Pond Property...
SUPERVISOR WALTER-We had a meeting with some people last evening that
also were interested in the project, we told them was Mr. Russo was firm in
his price, and most all of us after reviewing the situation felt that the land on
the water was not big enough to develop, that we would need additional land
and that we have been trying to put together parcels that might be acceptable.
We have had communications with Mr. Russo's Accountant on Monday...we are
still talking...
MR. PAUL NAYLOR-HIGHWAY SUPT.-Thanked the Board Members for taking
the tour of the Town Highways ... --
RESOLUTION TO APPROVE AUDIT OF BILLS
RESOLUTION NO. 136, Introduced by Mr. Daniel Morrell who moved for its adoption,
seconded by Dr. Charles Eisenhart:
RESOLVED, that Audit of Bills as appears on Abstract No. 85-5B and numbered
757 through 957 and totaling $152,765.85 be and hereby is approved.
Duly adopted by the following vote:
Ayes: Mr. Olson, Dr. Eisenhart, Mr. Morrell, Mrs. Monahan, Mrs. Walter
Noes: None
Absent:None
On motion the meeting was adjourned.
Respectfully submitted,
Donald A. Chase, Town Clerk