1985-06-11 TOWN BOARD MEETING.
JUNE 11, 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: WBZA, Glens Falls Post Star
GUESTS: Mr. Tucker, Mr. Barthel, Mr. Early, Mrs. James, Mr. Smith, Mr. Decker,
Mr. Daniel Smith
TOWN OFFICIALS: Mr. Paul Naylor, Mr. Mack Dean
PLEDGE OF ALLEGIANCE LED BY COUNCILMAN EISENHART
MEETING OPENED 7:40 P.M.
QUEENSBURY BOARD OF HEALTH
PUBLIC HEARING-Application for a Sanitary Sewer Variance-Mr. Walter Barthel-
Star Route Tax Map No. 19-1-33...Mr. Barthel was present, speaking for Mr. Barthel
was Mr. Early...Notice Shown Hearing Opened 7:30 P.M.
SUPERVISOR WALTER-Mr. Barthel is looking for a variance under Article 3 Section
3-303D...a horizontal separation requires one hundred feet (100') between the absorption
area and a well, he is looking for a variance from this...
COUNCILMAN MORRELL-Asked for a more specific location of the property...
MR. FRED EARLY-the location of the property is % mile north just as you get
on Pilot Knob Road off Route 9 at the bottom of Kattskill Bay area on the left
hand side of the Bay...
COUNCILMAN MONAHAN-What will the seperation be between the absorbtion
area and the well?
MR. EARLY-Approximately 50' ... the septic tank itself will be at the 50' mark
and the tile field will be farther away from that point approximately 25-30 feet...we
are looking to be in the 100' paramater, probably the outside dimension of the leach
field would be about 75'.
COUNCILMAN EISEN HA RT-Questioned Mr. Dean in regard to the depth of the
land...
MR.,DEAN-There is a 3% foot depression existing, which will be filled to about
4', which will give them a great deal more absorbtion before you get to the soils.
The existing soils above ledge rock are sandy loom which is slow perk, with the
design in mind of good gravel brought in and compacted and used for the tile field
will give a good flow for the first two or three feet and then the existing soils will_
slow down any further flow from that point.
COUNCILMAN EISEN HA RT-Questioned where the neighbors well was located?
MR. DEAN-It would be 75' to the nearest well...
MR. EARLY-Mr. Barthel's system was in place in the 1930's...in the 50's the gentlemen
who originally owned the property drill that well in violation of the current code �.
of the time, the well was put in not a depth of 100' and it was placed within 100'
boundary mark, from the existing septic system. ...we wish to upgrade the existing
system, a new 1000 gallon septic tank and 225' of tile field ... the old system had
a snail tank and not much of a tile field and was pre-existing. The situation one
in which the gentleman next door filed to have Mr. Barthel shut down the use of
the cabins because there was seepage into his well contaminating the water but
the well had been put in, in violation to start with...it has become a problem for
Mr. Barthel that he lost the usage also because the cabins were shut down by the
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EPA, he needs this variance and to reinstate usage for the cabins.
COUNCILMAN EISENHART-Does the APA have anything to say about this?
MR. DEAN-The APA has review powers..
COUNCILMAN EISENHART-Will the APA allow the 25' difference?
MR. DEAN-That will be up to their determination...noted that at the time the
system was discontinued the Health Dept. was involved, ENCON was involved...in
talking with two of the gentlemen there was-never in their minds a firm decision
of which came first, the well or the septic system, from an agency stand point
the septic system as it exists now being this close to the property line has contaminated
the well and we must insist that you discontinue use of it...
COUNCILMAN MORRELL-Isn't that a civil matter?
MR. DEAN-Yes...
COUNCILMAN MORRELL-Why are we solving it?
MR. DEAN-In as much as the argument which came first ...could have been pursued
in a court of law...
COUNCILMAN OLSON-Is there proof that, that is what is polluting the well?
MR. DEAN-The existing septic system is of acceptable and does not function
properly, what is proposed will be the ma imum distance possible from the existing
well. In addition to that from what we h ve been able to determine on site there
is one outcropping that runs along the p perty line and toward the lake, the new
system will be behind the ledge ...
COUNCILMAN EISEN HART-Questioned why the system was not placed closer
to the driveway?
MR. DEAN-It will be close to the driveway but there has to be some absorption
area....
MRS. JAMES-Part owner of the well-We are fully aware what happened back in
82' when the well was polluted we would just like to have some guarantee that
it will not happen again.
MR. DEAN-The only thing that can be said in any situation is that there is never
any guarantee...septic systems are designed in regard to set backs for the maximum
protection under normal circumstances, I do not know any engineer who underdesigns
specifications...the advantage of this system that we have control over the soils
that you bring in which will give you the maximum cleansing powers...I would never
guarantee any system regardless...
SUPERVISOR WALTER-Questioned if there were other areas on this property where
this system could be placed?
MR. DEAN-I would say there is not.
COUNCILMAN OLSON-Questioned Mr. Dean-I can understand a man having a septic
system but if someone built on the property next to it, isn't it their obligation to
place their well 100' from the septic system?
MR. DEAN-We do not have anything in the ordinance that governs the installation
of wells, you do not need permits for wells...
MR. EARLY-Mr. Barthel feels that it is a self imposed hardship in that it is, once
he bring something up to code as far as what he has in mind for a septic system
that anything after that point would be a self imposed hardship of the neighbors...in
otherwords they put the thing in the wrong place and not at the proper depth that
is there problem and we would like to have it on the record when the variance goes
through that, that is the way it is, that it be their responsibility to correct the
problem if it existing again after that point. Up until now it has been a functional
system...it just happened to start leaching down into that level where the well,
the well was not encased properly or deep enough.
MR. DEAN-Mr. Harris is also an adjoining home owner who stopped in my office
14�
in the past week and his feeling was that if it was as close to the driveway as possible
that he would have no big problem ...
SUPERVISOR WALTER-Presented the Town Board with the following questions:
1. That there are special circumstances or conditions of which the strict application
of the provisions of this Ordinance would deprive the applicant of reasonable use
of such land. Yes
2. That the Variance would not be materially detrimental to the purposes or objectives
of this Ordinance, or to other adjoining properties or otherwise conflict with the
purpose or objectives of any plan or policy of the Town. Yes
3. That the granting of the Variance is necessary for the reasonable use of the
land and that the Variance is the minimum Variance which would alleviate the
specific unnecessary hardship found by the local Board of Health to affect the
applicant. Yes
Special conditions-The Distance of system be as far from property line...
RESOLUTION TO APPROVE VARIANCE
RESOLUTION NO. 1, Introduced by Dr. Charles Eisenhart who moved for its adoption,
seconded by Mr. Daniel Morrell:
WHEREAS, the local Board of Health of the Town of Queensbury has reviewed
the request for a variance of the Sanitary Sewage Disposal Ordinance requested
by Mr. Walter J. Barthel and has determined the following:
1. That there are special circumstances or condition of which the strict application
of the provisions of this Ordinance would deprive the applicant of reasonable
use of such land.
2. That the Variance would not be materially detrimental to the purposes or
objectives of this Ordinance, or to other adjoining properties or otherwise
conflict with the purpose or objectives of any plan or policy of the Town.
3. That the granting of the Variance is necessary for the reasonable use of the
land and that the Variance is the minimum Variance which would alleviate
the specific unnecessary hardship found by the local Board of Health to affect
the applicant.
Special conditions set forth by the Board-Distance of system be as far from
property line
NOW, THEREFORE BE IT
RESOLVED, pursuant to the above findings the local Board of Health has approved
the variance of Mr. Walter J. Barthel, property located west side of Pilot Knob
Road, Tax Map Number 19-1-33.
Duly adopted by the following vote:
Ayes: Mr. Olson, Dr. Eisenhart, Mr. Morrell, Mrs. Monahan, Mrs. Walter
Noes: None
Absent:None
The Queensbury Board of Health Adjourned.
QUEENSBURY TOWN BOARD
OLD BUSINESS
Proposed amendments to the Transient Merchant-Local Law
Discussion held-add to Section 4B that if there was a rejection the fee would be
refunded less that advertising fee...Also add-send notice of hearing to adjoining
property owners within 500'... Councilman Morrell-suggest the use of Business permits...
Supervisor Walter-noted that the Board will be looking at that when the Computer
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System is available ...Councilman Monahan-questioned Section 7 number 10-the
twenty four hours...if they rent on a Saturday morning they could not notify the
Town Clerk...Discussion held and the hours were changed to not less than 10 hours.
RESOLUTION TO SET PUBLIC HEARING ON AMENDMENTS TO LOCAL LAW
NUMBER 2 of 1983 REGULATING TRANSIENT MERCHANTS AND SOLICITORS
IN THE TOWN OF QUEENSBURY
RESOLUTION NO. 145, Introduced by Dr. Charles Eisenhart who moved for its
adoption, seconded by Mr. Daniel Morrell:
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
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 the 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 APPROVE MINUTES
RESOLUTION NO. 146, Introduced by Mr. Daniel Morrell who moved for its adoption,
seconded by Dr. Charles Eisenhart:
RESOLVED, that the Town Board Minutes of May 28th and June 4th 1985 be and
hereby are approved.
Duly adopted by the following vote:
Ayes: Mr. Olson, Dr. Eisenahrt, Mr. Morrell, Mrs. Monahan, Mrs. Walter
Noes: None
Absent:None
RESOLUTION AUTHORIZING ACQUISITION OF PROPERTY OFF LUZERNE ROAD
FOR PURPOSES OF CONSTRUCTING A WATER STORAGE TANK
RESOLUTION NO. 147, Introduced by Mr. Daniel Olson who moved for its adoption,
seconded by Dr. Charles Eisenhart:
WHEREAS, the Town Board of the Town of Queensbury has been advised by the
Town Water District Superintendent and the Engineering Consulting Firm engaged
by the Town for certain services on behalf of the Queensbury Water Department
that a need currently exists for the construction of an additional water storage
tank, and
WHEREAS, the Town Board of the Town of Queensbury has conducted extensive
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negotiations with the owner of certain real property located on Luzerne Road in
the Town of Queensbury for the acquisition of a portion of such real property for
the aforesaid water storage tank, and
WHEREAS, an appraisal of the said real property has been obtained by the Town
of Queensbury and the Town of Queensbury has determined that a fair and adequate
consideration and offer for such real property is $6,500.00 and other good and valuable
consideration,
NOW, THEREFORE BE IT
RESOLVED, that the Town Board of the Town of Queensbury authorize the acquistion
of the aforesaid real property and that upon receipt of the necessary documents
establishing good and marketable title in said real property the Town Supervisor
be and she hereby is authorized to issue funds and execute any necessary documents
in order to complete the land acquisition process.
Duly adopted by the following vote:
Ayes: Mr. Olson, Dr. Eisenhart, Mr. Morrell, Mrs. Walter
Noes: None
Absent:None
Abstain:Mrs. Monahan
RESOLUTION REQUESTING NEW YORK STATE LEGISLATIVE FOR ENACTMENT
OF A SPECIAL LAW CONTINUING THE TOWN OF QUEENBURY INDUSTRIAL
DEVELOPMENT AGENCY
RESOLUTION NO. 148, Introduced by Mr. Daniel Morrell who moved for its adoption,
seconded by Mrs. Betty Monahan:
WHEREAS, the Town of Queensbury Industrial Dvelopment Agency was established
by the New York State Legislature by Chapter 752 of the Laws of 1971, and
WHEREAS, the Town Board of the Town of Queensbury wishes to extend and continue
the Town of Queensbury Industrial Development Agency to June 25, 1995, and
WHEREAS, special legislation has been introduced in the New York State Legislature
and designated 6018-A in the Senate and 7805-A in the Assembly which legislation
extends and continues the Town of Queensbury Industrial Development Agency
to June 25, 1995, and
WHEREAS, a Home Rule Reguest by the Town is required prior to the passage
of such special law by the New York State Legislature, and
WHEREAS, the request of the Town Supervisor as Chief Executive Officer for
such special law is concurred in by a majority of the members of the Town Board,
NOW, THEREFORE BE IT
RESOLVED, that the Town Supervisor is hereby authorized to execute the Home
Rule Request for enactment of a special law continuing the Town of Queensbury
Industrial Development Agency, and be it further
RESOLVED, that Donald A. Chase, Town Clerk, execute and seal the Clerk's Certificate
for such Home Rule Request, and it is further
RESOLVED, the suitably engrossed copies of such Home Rule Request be forwarded
to Senator Stafford and Assemblyman D'Andrea. j
Duly adopted by the following vote:
Ayes: Mr. Olson, Dr. Eisenhart, Mr. Morrell, Mrs. Monahan, Mrs. Walter
Noes: None
Absent:None
RESOLUTION TO AUTHORIZE SALE OF GR AVEL FROM RIDGE ROAD SITE AND
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RESCINDING RESOLUTION NO. 139 OF 1978 AMENDED BY RESOLUTION NO.
25 OF 1983
RESOLUTION NO. 149, Introduced by Dr. Charles Eisenhart who moved for its
adoption, seconded by Mrs. Betty Monahan:
DISCUSSION HELD: questions were raised in regard to the fee of 75ot a yard...
it was requested by the Town Board that Mr. Naylor check into the gravel prices on
the open market...it was suggested that there be one fee for inside the Town and
a higher fee for those outside the Town...
RESOLUTION TO TABLE
RESOLUTION NO. 150, Introduced by Dr. Charles Eisenhart who moved for its
adoption, seconded by Mr. Daniel Olson:
RESOLVED, that Resolution No. 149 of 1985 entitled "RESOLUTION TO AUTHORIZE
SALE OF GRAVEL FROM RIDGE ROAD SITE AND RESCINDING RESOLUTION
NO. 139 OF 1978 AMENDED BY RESOLUTION NO. 25 OF 1983" be and hereby
is tabled for further information.
Duly adopted by the following vote:
Ayes: Mr. Olson, Dr. Eisenhart, Mr. Morrell, Mrs. Monahan, Mrs. Walter
Noes: None
Absent:None
RESOLUTION IN THE MATTER OF THE ESTABLISHMENT OF THE CLENDON
BROOK WATER DISTRICT IN THE TOWN OF QUEENSBURY, COUNTY OF WARREN,
STATE OF NEW YORK, PURUSANT TO ARTICLE 12-A OF THE TOWN LAW
RESOLUTION NO. 151, Introduced by Mr. Daniel Morrell who moved for its adoption,
seconded by Mrs. Betty Monahan:
WHEREAS, a map, plan and report have been prepared, in a manner and detail
as determined by the Town Board of the Town of Queensbury, regarding the establishment
of a proposed Water District in the western area of the Town; and
WHEREAS, such map, plan and report have been filed in the Town Clerk's Office
in the Town; and
WHEREAS, the map, plan and report were prepared by Charles H. Scudder, a competent
engineer licensed by the State of New York, showing the boundaries of the proposed
district, and a general description of all public works existing or required; and
WHEREAS, the boundaries of the proposed Clendon Brook Water District are attached.
WHEREAS, the improvements proposed for said Clendon Brook Water District are
the construction and installation of pipes, hydrants, valves and appurtenances for
the distribution of water to and in said District; and
WHEREAS, the proposed method of financing the cost of the improvements consists
of the issuance of serial bonds of the Town to mature in annual installments over
a period not exceeding twenty-five (25) years, payable in the first instance from
assessments levied on an ad valorem basis on benefited real property in the proposed
district; and
WHEREAS, the maximum amount propoed to be expended for the improvement
is $479,800.00;
WHEREAS, the map, plan and the report describing the improvements are on file
in the Town Clerk's Office for public inspection.
Now, on motion of Mr. Morrell and seconded by Mrs. Monahan it is hereby
ORDERED, that the Town Board of the Town of Queensbury, shall meet at the
Town Office Building in the Town, situate at Bay and Haviland Roads, on the 25th
day of June, 1985 at 7:30 o'clock p.m., for the purpose of conducting a public hearing
on the proposal to establish said water district with the improvements specified
therefor and to consider the map, plan and report, and to hear all persons interested
l �Q
in the subject thereof concerning the same, and to take action as may be required
and authorized by law, and it is further
ORDERED, that the Town Clerk of the Town of Queensbury is hereby authorized
and directed to publish a copy of this order in the official newspaper of the Town
of Queensbury and to post a copy of the same on the signboard of the Town of Queensbury,
in the time and manner required by law.
Duly adopted by the following vote:
Ayes: Mr. Olson, Dr. Eisenhart, Mr. Morrell; Mrs. Monahan, Mrs. Walter
Noes: None
Absent:None
DESCRIPTION OF CLENDON BROOK WATER DISTRICT
All that certain piece or parcel of land situate, lying and being in the Town
of Queensbury, County of Warren, and the State of New York, more particularly
bounded and described as follows: BEGINNING at a point in the center of West
Mountain Road where the same is intersected by the west line of lot 84, Queensbury
Patent and the west line of the present Land O' Pines Water District; running from
thence southerly along the said westerly bounds of lot 84 to the northeast corner
of lands of Earle and Eve Bellew; thence running southerly along the easterly bounds
of the said lands of Bellew and the westerly bounds of said lot 84 and the westerly
bounds of the lands of Steven and Susan Carp to the southwest corner thereof;
thence easterly along the southerly bounds of Carp and the southerly bounds of
the said Land O' Pines Water District to the southeasterly corner of the lands of
said Carp; thence easterly along the southerly bounds of the lands of Eileen Kaplan
and Lois Holmes, still along the southerly bounds of lot 84 and the Land O' Pines
Water District, to the southeast corner of said Lois Holmes; thence easterly along
the southerly bounds of other lands of Steven and Susan Carp being also along the
southerly bounds of lots 84 and 77 of the Queensbury Patent and the southerly bounds
of the Land O' Pines Water District to the southeast corner of the lands of said
Carp in the westerly bounds of Sherman Acres Subdivision; thence southerly along
the westerly bounds of the said Sherman Acres Subdivision and the said Land O'
Pines Water District to the southwest corner of lot 21, Sherman Acres Subdivision;
thence southerly along the westerly bounds of the lands of Elizabeth A. and Walter
O. Rehm, III to the southwesterly corner thereof; thence easterly still along the
Land O' Pines Water District and the southerly bounds of said Rehm to the southeast
corner thereof and the southeast corner of the Land O' Pines Water District; thence
southerly along the westerly bounds of the lands of Anne Betters to the southwesterly
corner thereof; thence running easterly along the southerly bounds of said Betters
to the southeast corner thereof; thence easterly crossing Niagara Mohawk Power
Corporation transmission line to the southwest corner of the lands of Ernest and
Doreen Centerbar; thence easterly along the southerly bounds of Centerbar to
the southeast corner thereof; thence northerly along the easterly bounds of said
Centerbar and the westerly bounds of Mortnot Investing Co., Inc. to the northwesterly
corner thereof; thence easterly along the northerly bounds thereof and the southerly
bounds of the lands of Milton Aronson to the southeast corner of said Aronson and
the southwest corner of the lands of Harold W. Katz; thence northerly along the
westerly bounds of the lands of said Katz to the northwest corner thereof at the
southwest corner of lot 23 of the N.F. Ripley Subdivision in the southerly bounds
of the present Sherman Avenue Water District; thence running easterly along the
southerly bounds of said Sherman Avenue Water District and the southerly bounds
of lots 23,22,21,20,19, and 18 of said subdivision to the southeast corner of said
lot 18 thereof, crossing one unnumbered parcel of land between lots 21 and 20;
thence southerly along the westerly bounds of said Sherman Avenue Water District
and the lands of Howard S. Dickinson to the southwesterly corner thereof; thence
easterly still along the southerly bounds of said Sherman Avenue Water District
and the southerly bounds of said Dickinson to the southeast corner thereof; thence
northerly along the lands of said Sherman Avenue Water District and the easterly
bounds of said Dickinson, a distance of 50 feet to the southeast corner of lot 15
of said Ripley Subdivision; thence easterly along the southerly bounds of said
Sherman Avenue Water District and along the southerly bounds of lots one through
fourteen of said Ripley Subdivision, crossing three unnumbered parcels of land
each 50 feet in width between lots two and three, lots eight and nine, and lots fourteen
and fifteen to the southeasterly corner of lot one therein; thence running southerly
along the westerly bounds of lot 55 and the easterly bounds of lot 62 in the Queensbury
Patent still along the Sherman Avenue Water District to a point in the northerly
bounds of the Queensbury Water Storage and Distribution District; thence running
r
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westerly passing in a straight line along the extension westerly of the northerly
ends of East Drive and West Drive to a point; thence running southerly along a
line parallel to West Drive, still along the Queensbury Water and Storage Distribution
District crossing Luzerne Road to the northwest corner of lot 947 Western Park
Subdivision; thence running westerly along the southerly bounds of Luzerne Road
still along the Queensbury Water and Storage Distribution Distict bounds to the
northeast corner of the lands of Thomas D. Nash and Harold C. Nash, III and the
northwest corner of the Walter Dombek Subdivision; thence running southerly along
the said Walter Dombek Subdivision and the easterly bounds of said Nash and of
one Winchip to an angle point in said Queensbury Water and Storage Distribution
District bounds; thence westerly through the lands of said Winchip and the lands
of William K. Gilmen to the southeast corner of the lands of Leroy Ball, Sr. int
the bounds of said Queensbury Water and Storage Distribution District; thence
westerly along the southerly bounds of the lands of LeRoy Ball, Sr. to the southwest
-- corner of said Ball; thence running westerly through the lands of LeRoy Ball, Jr.,
Web Graphics, Inc., and Kenny and Stanley Phillips to the southeast corner of the
lands of Lawrence Mattison; thence continuing along the Queensbury Water and
Storage Distribution District and along the southerly bounds of said Mattison and
continuing the same line westerly crossing the lands of Niagara Mohawk Power
Corporation to a point in the westerly bounds thereof; thence running northerly
along the westerly bounds thereof to the southeast corner of the lands of Morgan
Combs; thence running westerly along the south line of said Combs to the southwest
corner thereof still in the bounds of the Queensbury Water and Stoage Distribution
District; thence running southerly along a portion of the lands of Lorraine G. and
Sally A. Brandt to the northeast corner of other lands of said Lorraine G. and Sally
A. Brandt at the southeast corner of the lands of Lawrence Mattison; thence running
westerly along the southerly bounds of said Mattison to the northeast corner of
the lands of Alfred G. and Gladys Mae Reed; thence running southerly to the southeast
corner thereof; thence running westerly along the southerly bounds thereof and
a continuation thereof to the center of VanDusen Road; thence running southerly
in the center of VanDusen Road to its intersection with the center of Pitcher Road;
thence running westerly in the center of Pitcher Road still along the bounds of
the Queensbury Water and Storage Distribution District to the northwesterly corner
of the lands of Joseph Benedict; thence running southerly along a portion of the
lands of Benedict to the northeast corner of the lands of Eleanor McGuire; thence
running westerly still in the bounds of Queensbury Water Storage Distribution District
and the northerly bounds of the lands of Eleanor McGuire to the northwest corner
thereof; thence running southwesterly crossing the lands of James and Marion Green
and Earl and Shirley Russell to the northeasterly corner of the lands of Floyd and
Louisa Norton; thence running southwesterly along the northwesterly bounds of
said Norton and the southerly bounds of the lands of Earl and Shirley Russell to
the southwest corner of the lands of Earl and Shirley Russell in the northerly bounds
of said Queensbury Water and Storage Distribution District and the easterly bounds
of the extension in Bedford Close Area Water District; thence running northerly
along the westerly bounds of the said lands of Russell to the center of Pitcher Road
at the northwest corner of thereof; running thence westerly.in the center of Pitcher
Road to a point in a line which is an extension northerly of the easterly bounds
of Section One of Bedford Close Subdivision; thence southerly along the said line
about 25 feet to the northeasterly corner of Section One of Bedford Close Subdivision
and continuing from thence South 12 degrees and 09 minutes West along the same,
a distance of 200.00 feet; thence South 41 degrees, 31 minutes and 30 seconds West
along the southeasterly bounds of Section One, Bedford Close, a distance of 363.76
feet; thence North 48 degrees, Z8 minutes and 30 seconds West, a distance of 200.00
feet to a point in the southeasterly bounds of Lantern Hill Road; thence South 41
degrees, 31 minutes and 30 seconds West along the southeasterly bounds of Lantern
Hill Road, a distance of 197.50 feet; thence South 48 degrees, 28 minutes and 30
seconds East, a distance of 200.00 feet to a point in the said southeasterly bounds
of Section One of Bedford Close Subdivision; thence South 41 degrees, 31 minutes
and 30 seconds West along the southeasterly bounds of Section One of Bedford
Close, a distance of 284.50 feet; thence South 06 degrees and 07 minutes West,
still along the same, a distance of 79.50 feet; thence North 83 degrees and 53 minutes
West along the southerly bounds of Section One of Bedford Close, a distance of
I 200.00 feet; thence running southwesterly about 57 feet, still along the southerly
bounds of Section One, Bedford Close Subdivision; thence North 83 degrees and
53 minutes West, still along the same, a distance of 157.41 feet; thence North 59
degrees and 38 minutes West, still along the same, a distance of 400.00 feet; thence
North 83 degrees, 46 minutes and 40 seconds West, still along the same, a distance
of 200.00 feet to a point in the easterly bounds of the lands of John and Carolyn
Lord; thence northerly along a portion of the easterly bounds of the said lands of
Lord to the northeasterly corner thereof; thence westerly along the northerly bounds
of the said lands of Lord and continuing the same course to the center of West
Mountain Road at the northwest corner of the extension in Bedford Close; thence
�J
running northerly in the center of said West Mountain Road to a point therein,
which is an extension easterly of the southerly bounds of the lands of Philip and
Judith Buttling; thence running westerly to and along the southerly bounds of the
lands of Philip and Judith Buttling to the southwesterly corner thereof; thence
running northerly along the westerly bounds of said Buttling to the northwesterly
corner thereof, thence westerly in the southerly bounds of the lands of Michael
Brandt and West Mountain Corporation to the northeast corner of other lands of
West Mountain Corporation as described in Book 582 of Deeds at page 697; thence
running southerly, northwesterly, southwesterly, westerly, northerly, and again
westerly along the southerly bounds of the lands of West Mountain Corporation
as described in said Book 582 of Deeds at page 697 to the southwest corner thereof;
thence running northerly along the westerly bounds thereof to the northwest corner
thereof in the southerly bounds of the lands of Arthur and Christine Hull; thence
running through the lands of said Hull to the southwest corner of the lands of Fred -
M. and Dorothy L. Hull; thence running northerly along the west line of said Hull
to the northwest corner thereof; thence running northerly through other lands of
said Arthur and Christine Hill to the southwest corner of the lands of Pamela Stanton;
thence running northerly to the northwest corner thereof; thence running easterly
to an angle point therein at the southeast corner of the lands of Marshall and Lorraine
Jarvis; thence running northerly along the lands of said Jarvis and the westerly
bounds of the lands of said Stanton to the southerly bounds of Luzerne Mountain
Road; thence running across said Luzerne Mountain road to the southwest corner
of Twin Mountain Road; thence running northerly along the westerly bounds of
said Twin Mountain road, a distance of 410.33 feet to the southeast corner of the
lands of Rita Frank; thence westerly along the southerly bounds of said Frank to
the southwest corner thereof; thence running northerly along the westerly bounds
of said Frank, Harold and Jane Zenger and William and Patricia Carpenter to the
southeast corner of the lands of Michael and Kim Manney; thence running westerly
along the southerly bounds of said Manney to the southwesterly corner thereof;
thence running northerly along the westerly bounds thereof to the northwesterly
corner thereof; thence running easterly along the northerly bounds thereof to the
southwest corner of Lilac Lane; thence running northerly across the westerly end
of Lilac Lane to a point in the southerly bounds of the lands of Donald and Margaret
Tabor; thence running westerly along the said southerly bounds of said Tabor, a
distance of 600 feet to a point therein; thence running northerly through the lands
of said Tabor at right angles to the southerly bounds thereof to a point in the northerly
bounds therein, in the southerly bounds of lands of Clendon Cone; thence running
easterly along the northerly bounds of said Tabor and the southerly bounds of said
Cone to the southeast corner of said Cone; thence running northerly still along -f
the bounds between said Tabor and Cone to the southwest corner of the lands of
Gary and Jeannette Zollinger; thence running easterly along the northerly bounds
of said Tabor and the southerly bounds of said Zollinger, distance of 530 feet more
or less to a point; thence running northerly through the lands of said Zollinger on
a line running parallel to the westerly bounds of said Zollinger to a point in the
southerly bounds of the lands of Leland H. Loffler; thence running easterly along
the southerly bounds of said Loffler to the southeast corner thereof in the westerly
bounds of the lands of Robert and Dorothy Rowe and in the center of a small brook;
thence running northerly along the center of said small brook in the easterly bounds
of said Loffler being also the westerly bounds of the lands of Robert and Dorothy
Rowe and Charles and Shirley Harvey to the southerly bounds of Fuller Road; thence
running easterly along the southerly bounds of said Fuller Road and the extension
thereof to the center of West Mountain Road; thence running southerly along the
center of West Mountain Road to the point and place of beginning.
SUPERVISOR WALTER-We have determined the method of financing which will
bring first year costs at $10.00 per thousand to the district, bonding for 25 years...
We did the assumptions that there would be no increase in assessed valuation and
also that we would derive no income from any kind of revenues such as interest,
I think that if these things happen you will see a more favorable rate.
RESOLUTION AUTHORIZING ACCEPTANCE OF PROPERTY LOCATED AT THE
CORNER OF BAY & QUAKER ROADS AND KNOWN AS QUAKER CEMETERY
RESOLUTION NO. 152, Introduced by Mrs. Betty Monahan who moved for its adoption,
seconded by Mr. Daniel Morrell:
WHEREAS, the Adirondack Friends Meeting has offered to the Town of Queensbury
i
certain real property at the corner of Bay & Quaker roads, known as Quaker Cemetery,
and.
WHEREAS, the Town of Oueensbury is desireous of owning and maintaining this
property with its great historical significance which was conveyed to Abraham
• 15513
2}
Wing and Benjamin Wing by deed dated August 18, 1786 and recorded in the Washington
County Clerk's Office prior to the incorporation of the County of Warren,
NOW, THEREFORE BE IT
RESOLVED, that upon receipt of the necessary documents establishing and setting
forth the title to the aforesaid Quaker Cemetery the Town Board of the Town of
Queensbury shall accept a conveyance of the Quaker Cemetery and the Supervisor
is hereby authorized to execute and file any necessary documents to complete
the aforesaid conveyance.
Duly adopted by the following vote:
Ayes: Mr. Olson, Dr. Eisenhart, Mr. Morrell, Mrs. Monahan, Mrs. Walter
Noes: None
Absent:None
DISCUSSION HELD ON DCO VAN
-Maltbie's Garage has notified the Town that it cannot obtain the vehicle as ordered...can
obtain another van but it would be an eight cylinder not six...The next low bidder
was contacted Ford Garage and they had a Van in Stock, did not meet the specs.
in that it did not have a locking differential and it did not have a 114 amp alternator...and
there was some question in regard to the number of mounted tires the specs. called
for...
RESOLUTION TO REJECT DCO VAN BIDS AND REBID
RESOLUTION NO. 153, Introduced by Dr. Charles Eisenhart who moved for its
adoption, seconded by Mr. Daniel Morrell:
WHEREAS, the Town Board did advertise for bids for a 1985 Van for the DCO,
and
WHEREAS, bids were advertised and opened at the specified time and the Town
Board did accept the bid of Maltbie's Garage of Lake George, and
WHEREAS, Maltbie's Garage of Lake George has notified the Town that it cannot
supply the Vehicle as bid, and the next lowest bidder Ford Garage of Glens Falls,
N.Y. cannot meet the specification, NOW, THEREFORE BE IT
RESOLVED, that the Town Board of the Town of Queensbury hereby rejects all
bids as received and requests that the Van be rebid and be it further
RESOLVED, that the Town Board hereby rescinds Resolution Number 53 of 1985.
Duly adopted by the following vote:
Ayes: Mr. Olson, Dr. Eisenhart, Mr. Morrell, Mrs. Monahan, Mrs. Walter
Noes: None
Absent:None
COMMUNICATIONS
-Ltr. Community Work.hop Inc. request renewal of portable classroom on Everts
Avenue...
DISCUSSION HELD-It was requested that the Community Workshop present the
Board with a formal application before the Board will act on their request...
REPORTS
-Town Clerk's Monthly Report-May 1985
-Building & Zoning Monthly Report-May 1985
-Supervisor Walter, announced that the Board had received a petition from residents
of Caroline Street regarding an unsafe structure...the Town Board will look at that...
-The Question on Western Avenue has been solved between the City and Town and
the Water Dept. will be starting work as soon as they can...
OPEN FORUM
9:06 P.M.
-Mr. Joseph Daire-1. Glad to see that the Board will be looking over the sale of
gravel...2. Noted that Kingsbury hired prisoners to mow their cemeteries...3. Noted
that Betty Monahan has done a good job and I will back her...4. Asked if the Board
would raise the exemption level for Senior Citizens to 13,000...
-Mr. Stephen Decker-Division Road-Spoke to the Town Board regarding Mr. Threw's
removal of gravel from the Faith Bible Church Property—noted that he had a list
of times and license numbers of the vehicles that were used to withdraw the gravel...felt ...�'
that this activity was in defiance of the Town Boards action-the residents of Division
Road feel that they have to come before the Town Board to seek relief from what
is clearly a sand and gravel staging operation for the construction of Town roads
rather than the original stated purpose of filling in Church Cemetery Property
and ravine...
SUPERVISOR WALTER-Town personnel checked the problem on the day that so
many loads were being removed, it was determined that there was no mining going
on, that this gravel had been stockpiled there to construct a road, that the Town
said they could not construct, the information that was given to me was that what
was hauled in was now being hauled out.
-Mr. Tucker-That's what took place and that is what we told the Board was going
to happen...he is using a residential area as a business...
COUNCILMAN EISENHART-The point that I heard was that this was Mr. Threw's
property and therefore could not be barred from moving it, as it is no longer going
to be used for a road...
COUNCILMAN MONAHAN-I have a problem in that because of the remarks Reverend
Storms made during the hearing of how they were going to use that, and that this
would not happen...
SUPERVISOR WALTER-I think that we should refer this to our legal counsel to
see what exactly can be done... i
-Daniel Smith, Attorney-representing Mr. Boychuck-presented Fran with a letter
regarding an offer on property located on Quaker Road now owned by the Town...
SUPERVISOR WALTER-Noted that they had another offer on the same parcel and
the board will be studying both proposals...
RESOLUTION APPROVING AUDIT OF BILLS
RESOLUTION NO. 154, 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. 85-6A and numbered
977 through 1165 and totaling $115,969.07 and be it further
RESOLVED, that voucher number 1027 was pulled from the Audit.
Duly adopted by the following vote:
Ayes: Mr. Olson, Dr. Eisenhart, Mr. Morrell, Mrs. Monahan, Mrs. Walter
Noes: None
Absent:None
Abstain: Mrs. Monahan abstained on voucher number 1003
On motion the meeting was adjourned.
RESPECTFULLY SUBMITTED,
Donald A. Chase, Town Clerk