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1985-05-28 • •S a� TOWN BOARD MEETING MAY 28, 1985 TOWN BOARD MEM*ER 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 PLEDGE OF ALLEGIANCE LED BY COUNCILMAN OLSON PRESS: WBZA, G.F. Post Star GUESTS: Mr. LaFountain, Mr. LuKaris, Mr. Warner, Mr. Brennan, Mr. Stec, Mr. Caffry, Mr. & Mrs. Richard Bapp PUBLIC HEARING -Amendments to Local Law Number 2 of 1983 -Notice Shown- 7:41 P.M. SUPERVISOR WALTER-This local law is to regulate transient merchants, solicitors and transient merchant, solicitor markets in the Town of Queensbury. We have had a law for the past several years, the Board has had some difficulty with several sections of the law, it has been difficult for some of the members of our community, churches, to operate under it. We have attempted to make some changes. MR. ROGER LAFOUNTAIN-Owner of Martha's Rest. Lake George Road-Requested that some changes be made in the proposed local law...1. That there be a distinction made between Transient Merchant/Solicitors Markets and Flea Markets...Flea Markets being used, cheap items and home made items or garage sale items...2. Questioned if existing markets would be grandfathered...3. Recommended that markets be charged a reasonable fee of $100.00 per year to operate and not have each vendor pay—only have vendors that have new items pay a yearly fee of $25.00...4. Noted that in relation to Section 5 the non profit organization can have sales without the protection for the people of Queensbury...this should be kept fair all the way around...5. There is a burden placed on us with all the licensing procedures you have... SUPERVISOR WALTER-One of the requirements that we are looking at is the adequacy of traffic access and circulation, we have found that some places are overloaded...and it creates a traffic hazard... MR. LAFOUNTAIN-Noted that he had not had any problems there even with the increase in business...the flea market is held Wednesday, Saturday and Sunday—that does denote an increase in the Restaurant and Ice Cream business...we are 100% commercially zoned area... COUNCILMAN EISENHART-The Local Law grew out of complaints from area merchants who`are taxpayers and wished to have others who do not pay taxes to pay a license fee... MR. LAFOUNTAIN-I am not out to hurt any other business, but no business should be afraid of competition...selling homemade craft items is not going to hurt another business in town...a legitimate flea market...not a solicitors market which would be new merchandise...people are going to flea markets why not keep those tax dollars in Queensbury. Requested the following amendments be made to local law number 2- Any dealer selling new items bought for the purpose of resale at a flea market must have a solicitors permit from the Town of Queensbury in order to sell such item within the boundaries of the Town of Queensbury. Dealers selling homemade craft items and used items in cleaning out garages or cellars may sell at a flea market without a permit. All dealers must sign a statement provided by the Flea Market Operators, stating what items they are selling and that they are fully aware of the Local Law Number 2 and that they have the necessary permits. It is the Flea Markets Operators obligation to inform all dealers of the law in writing and it is the dealers obligation to secure the necessary permit per this law. ...The 25.00 Dollar permit fee for the Solicitor is not bad but I do not feel that the market should have to pay 25.00 Dollars per solicitor, there is too much of a turnover. COUNCILMAN OLSON-Under New Merchandise, noted that complaints have come 1 S4 in that with the transients they have no one to fall back on when something is wrong with the item...under this proposal we would have information of the vendors, address, identification numbers... MR. PAUL LUKARIS-Questioned if there is any difference between the use of the mall and Mr. LaFountain's property when transient merchants operate in the aisle of the mall? TOWN COUNSEL-None-Now there will be a regular procedure for the mall operator to pay a fee for those people and register in the Town... MR. PAUL LUKARIS-I believe a flea market is a good thing...bring in people to the area... MR. ROBERT NUMAN-Representing the Pyramid Companies, owners of Aviation Mall-As the local law stands in its present form we are more than willing to comply with the rules and regulations as outlined. We are more than willing to secure the information from each an every transient individual who enters our premises, and turn them over to the Town Clerk. Each rentor will be assessed that additional fee with the maximun ceiling being $1,000.00. We are also willing to obtain the bond needed to protect the citizens of Queensbury. As it stands now, I have no objections what so ever. COUNCILMAN OLSON-Questioned if the amendments covered outside sales? Noting the tent sale that the mall had a few weeks ago... MR. NUMAN-Noted that on a regular basis there are not tent sales, the merchant that had the sale is a tenant of the mall... COUNCILMAN OLSON-Will we limit the setting up of tents outside? SUPERVISOR WALTER-Under the licensing for transient merchants and solicitors we are addressing adequacy, landscaping, noise and buffer zones... MR. JAMES WARNER-President of the Cooper's Cave Coin Club, Vice President of the Adirondack Stamp Club-would like to have a Stamp and Coin Trade Show at the VFW...the Club is a non profit organization, voiced concern about the proposed Local Law and how it will effect shows of this type...we are appealing to the Board for some type of exemption from the Local Law... SUPERVISOR WALTER- We will see if we can make some accomodations , we will take this under consideration... COUNCILMAN MONAHAN-The intent of this proposal was not to interfere with that type of show... MRS. MARTHA FREIBERGER-Former Owner of Martha's Rest.-We never had any problems with traffic or parking or any complaints...noted that the past week the Antique Place on Quaker Road had a show, I can't see any difference between that and a flea market. MR.'BRENNAN-Owner of J-Ray's I agree with Mr. LaFountain, we do not have the problem with traffic that they do on Aviation Road...my flea market helps me pay my taxes... SUPERVISOR WALTER-Added the following changes: Section 1 delete "ninety consecutive days" replace with less than six consecutive months .....third paragraph of section 1 "Transient Merchant and /or Solicitor Market" be changed to Markets for Transient Merchant and/or Solicitors and then throughout the local law this phrase would be used...Under Section 4 B Notice of the hearing shall be given to the applicant (add) `J and owners of property within 500 feet Under Section 7 Number 10 delete six hours, replace with close of next business day... TOWN CLERK CHASE- Section 3 requested that the 3 months be changed... -- COUNCILMAN MONAHAN-requested that the 3 months be changed to six months to match Section 1 TOWN CLERK CHASE-Section 4D requested a change in the June 1st date of expiration to one year from date of issuance of license...Section 5..is the bond brought in by the owner of the market or each individual? TOWN COUNSEL-It will be by in a case of a market operator by the market operator, 135 TOWN CLERK CHASE-Section 2-does the seven days apply to those who are renewing thier licenses as Markets... Discussion held-the Board will review this procedure... TOWN CLERK CHASE-When do we collect the fee for the Market at the time of application or approval of the Board...commented on the cost of legal advertising...or will there be a seperate fee for the initial hearing, covering the legal advertising... Will an application in the case of the mall be one application per year covering all their vendors or seperate.... TOWN COUNSEL-One... SUPERVISOR WALTER-Noted a change can be made that if a Market is turned down the fee minus the advertising fee will be refunded... DISCUSSION held in regard to whether this was an amendment to Local Law Number 2 of 1983 or a whole new law... TOWN CLERK CHASE-In the original Local Law there was a section exempting persons that had an established place of business in the Town, will this still be in effect? TOWN COUNSEL-That should remain... SUPERVISOR WALTER-There will be some change made to that paragraph.... hearing no further comments the public hearing was closed...8:45 P.M. OLD BUSINESS Amendment to the Zoning Ordinance... SUPERVISOR WALTER-Presented the revisions as proposed by the Qsby. Planning Board... 7.011B Shoreline fill/Hard Surfacing No fill or hard surfacing shall be permitted within 50 feet of any lake, pond, river, stream or wetland except by Site Plan approval of the Planning Board, except that no review/approval shall be required for preventative maintenance or repair caused by erosion or other acts of nature. Private driveways crossing a stream are further exempted from this section provided, however, such driveways do not exceed 15 feet in width. The above exceptions shall not be construded to be relief from any other governmental agency having jurisdiction. Wetland areas will be determined by New York State Department of Environmental Conservation Wetlands maps, the Queensbury Planning Board and/or any governmental agency having jurisdiction. SECTION 7.012 Construction on Slopes A. Except for approved existing subdivisions, Site Plan Review shall be required for the following: 1. Any detached structure proposed to be constructed on any lot, parcel or site having a slope of 15% or more within a 50 foot radius of proposed location of said structure. a. (same as originally proposed) 2. (same as originally proposed) SECTION 7.063 Cutting Restrictions (this proposed section deleted) COUNCILMAN EISEN HA RT-Regarding Section 7.011-B - will we allow for repair on damage done by anything other than acts of nature, such as trucks... SUPERVISOR WALTER-In regard to Section 7.063 Cutting Restrictions the Planning Board wished to talk this proposal over for further information and expertise... COUNCILMAN MONAHAN-Section 7.012- Are they saying in an approved subdivision you do not have to follow this requirement, but if you are on a single lot you have to follow it? ... If you have a slope it does not matter if you were approved before or not you still could have just as much damage in an approved subdivision when you start changing after it has been approved as you can in a single lot. ...I would take out the wording A. except for approved existing subdivisions COUNCILMAN EISENHART-I do not want to do that until the Planning Board can rebut... COUNCILMAN MORRELL-It should be the same for everyone... Discussion held- it was decided to send these changes back to the Planning Board for further consideration... SUPERVISOR WALTER-Section 7.076 Frontage on Public Street-we have not done anything on that... (It was decided that public comment would be taken at this time) MR. GEORGE STEC-7.012-This will place a hardship on a lot of people in Town...if the Board turns down an application the only recourse a person has is to take the Town to Court... MR. STEVE BORGOS-The proposed notes any detached structure ...do you mean a dog house etc. SUPERVISOR WALTER-When I talked with Mr. Roberts he said any detached structure... MR. STEVE BORGOS- Is there a minimum size involved? SUPERVISOR WALTER-It refers to the same kind of structures that there are currently looking at under Site Plan Review. MR. STEVE BORGOS-What is the criteria for approving a structure? SUPERVISOR WALTER-That is covered under Section 5.070 Requirements for Type I and Type II Site Plan Review... MR. JOHN CAFFRY-I hope that the Board will cut the restrictions and come up with a workable plan ...regarding the shore line, if the goal of the Town is to protect our wetland and streams then this regulation could become more effective if it included excavation and drainage of wetlands ... SUPERVISOR WALTER-The amendments will be sent back to the Planning Board and hopefully we will have our questions answered by our next meeting... RESOLUTIONS RESOLUTION TO APPROVE MINUTES RESOLUTION NO. 137, Introduced by Dr. Charles Eisenhart who moved for its adoption, seconded by Mr. Daniel Morrell: WHEREAS, the Town Board Minutes of May 14, 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 TO TRANSFER FUNDS RESOLUTION NO. 138, Introduced by Mr. Daniel Olson who moved for its adoption,seconded by Mr. Daniel Morrell: RESOLVED, to transfer $5,000.00 from DS5130.441 to D5110.440 for striping, rental of equipment and various other expenses. Duly adopted by the following vote: Ayes: Mr. Olson, Dr. Eisenhart, Mr. Morrell, Mrs. Monahan, Mrs. Walter i . Noes: None Absent:None COMMUNICATIONS -Application for the Board of Health-Variance for Septic System...Pilot Knob Road Mr. Walter Barthel...Hearing Set June 11th 1985 -Announcements-Information Meeting on the Clendon Brook Water Dist...?:30 P.M. June 4th OPEN FORUM 9:33 P.M. -Mrs. Richard Bapp-Regarding the Darwin Williams Mobile Home Permit for Ogden Road -Noted that they were not in Town at the time the Public Hearing was held for the placement of a mobile home on Ogden Road...Not in favor of the placement of a Mobile Home at this location...Noted that they were owners of a large parcel of land on Ogden Road and hoped to use this land a security for retirement...They had told Mr. Williams that they were not in favor of a Mobile Home on this street and were not approached to sign a petition in favor of it... -Mr. Richard Bapp-Noted that he felt that any bordering property of a proposed mobile home site should be notified by mail of the public hearing...Not in favor of the placement of the Darwin Williams Mobile Home on Ogden Road... -Mr. Granger-I did not sign the petition, I could not approve the placement of a mobile home, noted that he had trouble financing his home due to the mobile homes in the area... -Mr. Bapp-The prime building lots are being jeopardized...due to the proposed placement of a mobile home... -Supervisor Walter- I regret that you were not aware of what was happening, Mr. Granger evidently does not read the paper, it was in the legal ads, as citizens you have got to keep up with these things, there is just so much that your government can do. We held a public hearing and all the evidence pointed to the fact that there was no opposition to it and that is how the Board made their decision, based on the evidence we had...you are coming in after a decision was made with other facts... -Mr. Bapp- I will seek legal counsel on this matter... -Supervisor Walter-There is a moratorium on mobile homes at the present time, we are updating the mobile home ordinance, we are dealing with the Planning Board to established locations for mobile homes.... Discussion held...no action will be taken by the Board... RESOLUTION TO APPROVE AUDIT OF BILLS RESOLUTION NO. 139, Introduced by Dr. Charles Eisenhart who moved for its adoption, seconded by Mr. Daniel Morrell: RESOLVED, that Audit of Bills as appears on Abstract No. 85-5E and numbered 968 through 969 and totaling $3,413.50 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