1984-04-24 TOWN BOARD 'MEETING 127
APRIL 24, 1984
TOWN BOARD MEMBERS
Mrs. Frances Walter-Supervisor
Dr. Charles Eisenhart-Councilman
Mr. Daniel Morrell-Councilman
Mrs. Betty Monahan-Councilman
Mr. Wilson Mathias-Town Counsel
ABSENT
Mr. Daniel Olson-Councilman
PLEDGE OF ALLEGIANCE - led by Supervisor Walter
Meeting Opened 7:37 P.M.
PRESS: WBZA, G.F. Post Star
GUESTS: Residents of Meadowbrook Road, Mr. Arthur Turnbull, Mr. Storms, Mr. Bleibtrey,
Mr. Tucker, Mr. Turner
TOWN OFFICIALS: Mr. Paul Naylor, Mr. flick Missita, Mr. Bodenweiser
QUEENSBURY BOARD OF HEALTH
Application to the Town Board of Health for a Variance to the regulations of the Sanitary
Sewage Disposal Ordinance...Applicant: Mr. Chalres F. Bleibtrey Jr. Property Location:
Rt 9L Warner Bay on Lake George
Notice Shown Public Hearing Opened 7:38 P.M.
Supervisor Walter- Mr. Bleibtrey is applying for a variance to the ordinance because
he cannot meet the set back requirements. The ordinance calls for a 200' set back and
the application is requesting a 100' set back. The same system that is being applied
.� for under the variance, the Wisconsin Mound System, was designed for the previous
owner and was already approved by Encon and EPA, but was never built.
Councilman Eisenhart- questioned if there is anything on the lot at present?
Mr. Bleibtrey- no, I want to build on the lot...
Mr. Mack Dean- noted that this is a viable system in this situation...
Supervisor Walter-The Town Board has to determine to approve the variance application
if that there are special circumstances or conditions of which the strict application
of the provisions of this Ordinance cannot be met. 1 would assume that because it
has already had the approval of the various agencies that it has special conditions. The
variance that we would be giving Mr. Bleibtrey, would not be materially detrimental
to the purposes of this Ordinance, or would it interfere with adjoining properties.
Councilman Eisenhart- Where are you going to place the house?
Mr. Bleitrey-Between the leachfield and the Lake. I have a variance for the placement
of the house.
Councilman Monahan-Where is your closest neighbor?
Mr. Bleibtrey-They are on the South Side quite a ways away, approximately 120' from
the edge of the property line.
-- Councilman Eisenhart- Do you own the right of way?
Mr. Bleibtrey- I own it.
Councilman Monahan- How close will you be to your well?
Mr. Bleibtrey-100'
Councilman Monahan- How close will you be to a neighbors well?
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Mr. Bleibtrey-Well over a 1001. There is a stream on the south side of the property that
is between the neighbors and myself and the field will be a 100" from the stream.
Councilman Monahan-Mack, do you see any danger of this polluting the stream which
in turn might pollute the neighbors well?
Mr. Dean-No, I do not believe so. We are looking at ledge rock and the area where the
system will be located does have four or five feet of soil, the soil is of such a nature
that it absorbs slowly...
Mr. Arthur Turnbull-Has anyone made a perculation test of the area?
Mr. Dean-The tests were made at the time Mr. Smith applied to the APA. At that time
Mr. Collins recommended a Wisconsin Mound System based on the type of soil.
Ms. Billy Sue Oweijs- Lake George Association, Project Coordinator, t+sked if there has
been a recent review by the APA?
Mr. Bleibtrey-Yes, I have spoken with them, they have approved it.
Ms. Owens-The Lake George Association is disturbed by the development of that land.
If it does take place we would hope that there would be within the township a monitoring
of and a checking of that and maybe conditions placed upon the system.
Councilman Monahan-What is the most recent communication from APA regarding this
system?
Mr. Dean-I have been in contact with Mr. Duprey who is in charge of the wetlands act,
he informed me that he had talked with Mr. Bleibtrey in regards to a wetlands permit...
Councilman Eisenhart-When did you speak with Mr. Deprey?
Mr. Dean-Approximately three weeks ago...
Supervisor Walter-I will remind the Board that we are dealing with this as the Queensbury
Board of Health in regard to our own sanitary sewage disposal ordinance, which is as
stringent or more so than APA rules and regulations. If you wish to deal with the APA
on this, I think we can do that and adjourn the Public Hearing for a couple of weeks. But
on the other hand this is not their rules and regulations that we are dealing with but
our own ordinance. The fact that APA and ENCON have looked at it and approved it
is certainly testimony as far as the public hearing is concerned but on the other hand,
I do not think we have to rely on what their rules and regulations say as long as Mr. Bleibtrey
has reached the criteria of our sewer ordinance. He is looking at a problem as far as
set backs and soil limitations of the area which precludes the use of any subsurface installation,
therefore he has come up with this Wisconsin Mound System, which deals with sanitary
situation in a situation where there is a limitation of the soils.
Mr. Arthur Turnbull-Does our ordinances supersede the EPA or ENCON Rules?
Town Counsel- They do when they are more stringent.
Councilman Eisenhart- I believe that the Wisconsin System is a viable alternative to
the problem.
Councilman Monahan- Our ordinance states that even a mound system may not be located
within 200' of the shore line. They went all through this when they made this ordinance
and tried to make it real strict to protect Lake George. We may have to recognize the
fact that there may be lots on Lake George that should not be built on.
Mr. Dean- I would like to clarify one point that Betty brought up, it is true that we require
2001. I would like to make two points 1. to repair an existing system you only need 100'
regardless of the system and 2. one of the reasons that they decided on a 200' set back
is that, that area is now zoned one acre lots and they .felt that with a one acre lot you
should be able to get 200' from the lake.
Supervisor Walter- Asked for further input, hearing none the Public Hearing was closed.
8:00 P.M.
Adjourned as Queensbury Board of Health
QUEENSBURY TOWN BOARD
P:;BLIC HEARING 7 c�
Proposed Local Law excluding Trucks from Meadowbrook Road between Quaker and 129
Ridge Road and a proposed Local Law establishing One-Way Traffic South on that portion
of Meadowbrook Road between Quaker Road and Ridge Road and a proposed amendment
to Ordinance No. 28 of the Town of Queensbury establishing through Highways and Stop
intersections in the Town of Queensbury, County of Warren and State of New York.
Notice of Hearing Shown - Public Hearing Opened 8:00 P.M.
Mr. Ted Turner-Meadowbrook Road-asked that portions of the last meeting be read regarding
Meadowbrook Road.
Deputy Town Clerk-reading from the Minutes of 4-10-84 "-Ltr. from Residents of Meadowbrook
Road between Ridge Street and Quaker Road...Petition also enclosed...on file...Road
used for a short cut by vehicles and large trucks—interested in a one way street or dead
end road. Mr. Bott-The road is less than a mile long, it goes from Ridge Street to Quaker
Road (Meadowbrook Road). My wife and Mrs. Tyminiski measured the road for width
and found the average`to be seventeen feet. There are eleven families on the street
and sixteen children, the average age of the children is ten years old. We have had one
child on his way to school struck by a vehicle. The speed limit on the street is 35 mph
and is properly posted by State Law, that does not seem to be a problem. The problem
being, that a heavy amount of traffic uses that road as a short cut to Quaker Road.
We have a lot of traffic from Regency Park and we get a lot of traffic from the City
going to work. The road is not built for taking this traffic. It is not limited to cars,
there are a lot of trucks. Noted that Mr. Naylor was not in favor of dead ending the
street; noted that it was important for emergency vehicles to have access to the area.
We are asking for one way traffic and the elimination of truck traffic. Councilman Eisenhart-Can
we designate a road, no trucks? Mr. Bott-I checked with D.O.T. in Albany, a Mr. Bill
Logan, and he said that is a legal possibility. You can limit it to trucks with local deliveries.
Supervisor Walter-The Town Board has the ability to set the Street as a one way or to
limit the truck traffic. Mr. Bodenweiser-I have been involved in an accident at the corner,
if you are going to make it one way, make it one way South."
Mr. Ted Turner-First of all that is not a short cut. Meadowbrook Road was there long
before Quaker Road ever came along. There has been no traffic count done on the road
that I know of. There is a sidewalk that exists on the west side 300' from Ridge from
Cline Avenue. If you reroute the traffic by making it one-way, you are just going to
put the traffic in another residential area, where there are more children. I am talking
Meadow Lane at the corner of Ridge and Meadow Lane, you are not going to solve the
problem. I have lived there twenty-eight years. My children traveled that road too, going
to the City School and the High School. For a time we had a traffic cop, who was appointed
by the Town Board, when Mr. Ouderkerk passed away the Town Board did not replace
him.
Supervisor Walter- Where was he?
Mr. Turner-At Quaker and Meadowbrook. The problem is that the Road is narrow, there
is no doubt about it, the power poles are on the West side of Ridge down to Keech and
then they cross the road and go on the East side. ..
Mr. Don Guerrie-30 Meadowbrook Road-I have been there for twenty-three years, I have
raised two children, two dogs, my boy wears hearing aids. He walked from 30 Meadowbrook
Road to Jackson Htgs. The thing that we have to stress on children is that they have
to walk on the right side of the road. Watch out for cars, do not dart out into the road.
Next door to me they have raised three children, I am all for safety on the road...noted
that he had been fighting speeders for twenty three years. I understand that the section
of Meadowbrook from Quaker to Ridge is going to be repaved...that is a dangerous part
of the highway, we get all kinds of traffic there, but one way is not going to solve it.
As Mr. Turner stated, from Ridge to Cline there is a sidewalk. If that was cont:.cued
down through. I do not have any small children but they do cross the street. Noted that
his wife saw the accident, the child was on the wrong side of the road, the parents should
teach those children. We do have to do something on that road in regard to speeders.
Is that road going to be paved this year?
Supervisor Walter- Mr. Naylor has not gone out with the Town Board on our annual tour
of the streets, which we generally do in the beginning of May to determine which streets
will be paved.
Mr. Naylor- that street is on the list.
Supervisor Walter- The Town Board will still have to approve that. Repaving a road and
widening it will not solve the problem, because you will have people who will increase
their speed once they find an improved road.
Mr. Guerrie-Didn't you widen the road in front of Queensbury School, did that solve your
problems? Meadowbrook Road is an old country oad. When I built there
Y Quaker Road
was not thought of. If you are trying to make this a one way road you will have to tak,s
the people and come up Bay, come onto dangerous Quaker and go down Meadowbroof,
The same way you push them up Ridge come down and come across Quaker Traffics
come up Meadowbrook Road, that does not make much sense.
130
Mr. Daniel Tallon-Meadow brook Road-Twenty-Eight years ago things were a lot slower
than in the last ten years. There has been a great increase just in industry along Quaker
Road. What I am saying is, that in the last ten years there has been a big increase probably
than within the last twenty years before that with traffic, because Quaker is growing
and that area is flourishing.
Mr. Bott-Meadow brook Road-I have heard the people talk about twenty years ago. There
have been extreme changes in traffic, Quaker Road is there now, there is a lot of business
there and there is a lot more traffic using Meadowbrook Road now. The road is not wide
enough (showed pictures to the Board), the road is not wide enough to handle the traffic
two ways. The road is not built to withstand the amount of traffic that goes over it.
We asked for a dead end. I talked to Mr. Naylor and the Board and it was agreed upon
that for the sake of emergency vehicles that a one way would be more practical. Widening
the road would increase the speed, which people are saying is a problem, I have not found
speed to be a problem, I have run radar on the road as a police officer, but I have seen
a lot of traffic on the road from people who do not live in the area. The boy that was
hit, whether he was right or wrong, the boy was less than ten years old. The driver, as
I understand the accident, was not in the wrong, he was driving less than the speed limit,
he was a resident of Regency Park Apts. Those residents know there are alternate routes
to take, Bay Road, Cronin Road, Quaker Road. Bay Road and Ridge Road are State and
County Roads, they are built with a much heavier base, they have traffic control devices
to regulate traffic to safely enter Quaker Road. Meadowbrook Road does not have this.
I have investigated several accidents at that intersection where the fault of the accident
was someone pulling out of Meadowbrook Road in front of someone else. I think basically
making this a one way road would solve a lot of problems, and save a lot of injuries and
maybe someone's life.
Mr. DeMeo-Sargaent Street-It was approximatly twenty years ago that we built our house
on Sargaent Street, before Quaker Road there was much less traffic. In the last three
years, we have three drivers in our family, no one dares to take Meadowbrook to go out
onto Quaker Road, because of the near misses we have had. It is frustrating to wait there,
it is five minutes sometimes to find a clear spot to pull out. We go up Ridge Road to
the traffic light and let our travel be controlled by the traffic light. I have to second
the thoughts that were made here. Giving us a wider and better paved road is going to
do two things, one to increase traffic and speed up those who travel the road. I find
myself coming in from Quaker Road and going slowly because of the pot holes and the
uneven terraine. If anything that is an advantage for those around there because it slows
down the traffic. Considering the overall problem this would lick the problem we have
had for years at the junction of Meadowbrook and Quaker Road where we have these
collisions and secondly if we could do anything to restore the countryside road-way atmosphere
that prevailed by just having one way traffic, I am for it. --�
Supervisor Walter- If your family was going to the mall, which way do they go?
Mr. DeMeo- Up Ridge Road, take the light to Quaker...
Mr. Bodenweiser- I went there last Saturday morning and parked on Meadowbrook Road
for fifteen minutes and counted thirty seven cars, three tractors and trailers. Two of
the tractor trailers must of stood for close to three to five minutes, this was at ten o'clock
Saturday morning, before they could get out of there. The traffic pattern is coming
north and coming through there for a cut off. Most of the traffic is local traffic going
to Regency Park. My son was almost killed at that corner in a very bad accident, he
had the right of way and someone was sitting there and finally made their move and
cut him off and sent him into a ditch.
Ken O'Connor-I live at 24 Meadowbrook Road, I addressed this Board in November of
last year. I spoke to you about a study that we did, a rather informal study about the
number of accidents at the intersection of Meadowbrook and Quaker. We have found
at least one accident per month, which for any intersection in Glens Falls seems to be
rather excessive and suggests that the area is not properly designed. We have a tendency
to use the lights at Bay and Ridge because that is how the traffic flow was engineered
to occur. In November we were asking for a red light at the intersecton of Quaker and
Meadowbrook. Apparently that is a difficult thing to achieve. We are now speaking in
favor of one-way traffic flow because it will make Meadowbrook Road a safer place
to live. We have two smaii children, we teach them how to walk properly, but children
do disobey their parents, it' one of them gets killed I would hate to think that we did
not make the proper decision on engineering proper traffic flow, just because someone
would have to go a couple �,4 blocks out of their way. If we cannot have the light which
is required, I believe at tti tt intersection, then I think you should make Meadowbrook,
that section one-way so you can only exit onto Ridge Road and not onto Quaker Road.
131
Mr. Walt Wood-Requested that a sidewalk be placed on Meadowbrook Road.
Supervisor Walter- noted that the problems with sidewalks is the maintenance, the Town
does not have any sidewalks...
Mr. Wood- I would like to see the street one-way or a traffic light.
Mr. Turnbull- speaking to Mr. Wood, noted that more services means larger taxes...
Mr. Brennan-Noted that many children in Queensbury have to walk, there are no busses
available to take them to school.
Mrs. Tallon-I am not sure that a one-way street is the answer, I would like to see a dead
end street, but a one-way street would certainly benefit the traffic flow on that road.
I would hate to see a traffic light on Quaker Road, I think that would increase the traffic.
I would like to see bumps placed in the road to slow the traffic.
Mr. Naylor- Speed bumps are illegal in New York State.
Mrs. Flower- Questioned if you could make a right turn only from Meadowbrook, would
that solve the problem?
Supervisor Walter- The Board in determining to go to Public Hearing, thought about what
you have said. We also considered the emergency vehicles. That area is covered by Bay
Ridge Rescue Squad. They would be coming from the North to the South and the Fire
Companies, Queensbury Central, would be coming from the North and going South which
is the reason for going to public hearing in that way.
Unknown-...So what if people have to go a little out of their way, if it will save one childs
life. Many of you people here have even said about different things. Everybody waits
until there is a death before something happens. Why does anyone want to take that
chance. Maybe this is not the answer, but we are trying to do something. What are we
looking for, what is more convenient for the adults or what will be safer for the children.
If it.is for your own convenience, I say what has happened to America.
Mr. Turner- To clear the record, my children did not go to school twenty eight years
ago, they went there less than ten years ago. If you change the road to one-way it is
not going to make any difference, it will be a speedway then.
Mr. O'Connor-We have a system that is unsafe, one-way does not make it less safe, or
less dangerous. I think it will. You will have traffic flowing one way, it will be slowed
down. There is a signal light at the intersection at Ridge and Meadowbrook...the system
we have now is dangerous.
Mr. Bott-Making the road one-way eliminates the fact that a driver on the road does
not have to contend with oncoming vehicles, they can pay attention to pedestrians walking
on the road and do not have to be concerned with a head on collision.
Mr. Bodenweiser- spoke on the Fire District and the area they cover...
Councilman Morrell-Are there any figures to determine the number of people north of
Quaker Road on Meadowbrook as compared to the eleven families that live between
Quaker and Ridge Street? If you make this one-way, all those people north of Quaker
Road are now going to have to alter their transportation habits.
Mr.,Brennan- noted that there was only one individual who has spoken who lives near
Regency Park, questioned if there was interest on that side of Quaker Road, they should
be present at the Public Hearing.
Mr. Morrell-I think it shows that there are two thinkers, one like yourself who knows
the problems and deliberately avoids going north on that road and takes the safety of
the light and Mr. Turner has a point too. He has been there for almost thirty years and
the town has grown around him. If this becomes a one-way he is disenfranchised from
the road he has used for the last thirty years.
Mr. Turner- I am just as concerned about the children in that area, there is no doubt
that it is a bad road, but this is not the answer. That road was through road until Quaker
Road intersected it. There are peek times that you cannot cross the road, but that is
not all the time, just at peek times.
132
Councilman Morrell-Could you make Meadowbrook one-way for a certain period of time
during the day?
Mr. Bott- Questioned how this would be enforced...
Mr. O'Connor- I have heard no objections to the passage of the Local Law regarding the
Heavy trucks can that be done seperately?
Supervisor Walter- yes (read the proposed local law regarding trucks on Meadowbrook
Road)
Ms. Cubbins-Regency Park-questioned traffic taking Cronin Road is not much better
than Meadowbrook ...a very narrow road with a bridge...
Supervisor Walter- noted you would get a split in the traffic...
Councilman Monahan- Noted that may cause a situation on Meadow Lane...
Mr. Turner- I do not feel that there has been enough evidence to change this to one-way.
Councilman Eisenhart- What impresses me is two tractor trailors passing on a narrow
road, that is why keeping the trucks off and keeping it one-way will eliminate passing.
Mr. Turner- My suggestion is leave it like it is and take the trucks off the road.
Mrs. Tallon- suggested a no passing zone in the street.
Councilman Monahan- Asked Mr. Naylor for a traffic count on Meadowbrook Road.
Supervisor Walter-Asked for further comments-none heard...Discussion held by Board
Members...I will now adjourn this public hearing and I will accept any written comments
from the public, pro or con, regarding one-way street until May the 8th. I now close
the Public Hearing...9:03 P.M. Requested that Mr. Naylor have a counter set up on the
road and also find out what the count on that road was several years ago.
RESOLUTIONS
RESOLUTION TO APPROVE MINUTES
RESOLUTION No. 97 Introduced by Mr. Daniel Morrell who moved for its adoption,
seconded by Dr. Charles Eisenhart:
RESOLVED that the Town Board Minutes of 4-10-84 be and hereby are approved.
Duly adopted by the following vote:
Ayes: Dr. Eisenhart, Mr. Morrell, Mrs. Monahan, Mrs. Walter
Noes: None
Absent: Mr. Olson
RESOLUTION TO APPROVE LOCAL LAW EXCLUDING TRUCKS FROM MEADOWBROOK
ROAD BETWEEN QUAKER ROAD AND RIDGE ROAD
RESOLUTION NO. 98, Introduced by Mr. Daniel Morrell who moved for its adoption,
seconded by Mrs. Betty Monahan:
WHEREAS, concerned residents of Meadowbrook Road from Quaker to Ridge have approached
the Board with their concern over the safety of children and pedestrians on Meadowbrook
Road and
WHEREAS, a public hearing duly published in accordance with law by the Town Clerk
was held on April 24, 1984 at 7:30 P.M. at the Queensbury Town Office Building in which
all persons were heard both in favor of and opposed to said law, NOW, THEREFORE
BE IT
RESOLVED, that a local law entitled "A LOCAL LAW EXCLUDING TRUCKS FROM 133
MEADOWBROOK ROAD BETWEEN QUAKER ROAD AND RIDGE ROAD" is hereby
approved and said local law becomes effective upon filing with the Secretary of State
of the State of New York.(complete text to follow)
Duly adopted by the following vote:
Ayes: Dr. Eisenhart, Mr. Morrell, Mrs. Monahan, Mrs. Walter
Noes: None
Absent: Mr. Olson
LOCAL LAW NO. 2 OF THE YEAR 1984
�- A LOCAL LAW EXCLUDING TRUCKS FROM MEADOWBROOK ROAD BETWEEN
QUAKER ROAD AND RIDGE ROAD
Be it enacted by the Town Board of the Town of Queensbury as follows:
SECTION 1. No person shall operate a truck, commercial vehicle, tractor, tractor-trailer
combination, and/or truck in excess of five tons upon and over that portion of the Town
Road described as Meadowbrook Road between Quaker Road on the North and Ridge
Road on the South.
SECTION 2. The foregoing exclusion shall not be deemed or construed to prevent
the delivery or pickup of merchandise or other property along the aforesaid portion
of Meadowbrook Road.
SECTION 3. A violation of this Local Law shall constitute an offense and shall be
punishable by a fine of not more than $25.00.
SECTION 4. Effective Date: This Local Law shall take effect immediately upon
filing thereof in the office of the Secretary of State.
RESOLUTION TO ATTEND CONFERENCE
RESOLUTION NO. 99 , Introduced by Mrs. Betty Monahan who moved for its adoption,
seconded by Mrs. Frances Walter:
RESOLVED, that permission is hereby granted to Mr. Donald A. Chase, Town Clerk,
to attend the New York State Association of Municipal Purchasing Officials 6th Annual
Conference to be held in Saratoga Springs, New York on May 9th through the 11th 1984,
and be it further
RESOLVED, that the Town Board authorizes payment of all reasonable and necessary
expenses.
Duly adopted by the following vote:
Ayes: Dr. Eisenhart, Mr. Morrell, Mrs. Monahan, Mrs. Walter
Noes: None
Absent: Mr. Olson
RESOLUTION TO APPOINT BUILDING AND ZONING ENFORCEMENT OFFICER
RESOLUTION NO. 100 , Introduced by Dr. Charles Eisenhart who moved for its adoption,
seconded by Mrs. Betty Monahan:
WHEREAS, a vacancy exists in the Building and Zoning Department due to the resignation
of Douglas Sealy, and
WHEREAS, the Queensbury Town Board wishes to fill this vacancy with the appointment
of Richard Bolton, Jr. NOW, THEREFORE BE IT
RESOLVED, that the Queensbury Town Board hereby appoints Mr. Richard Bolton, Jr.
as Assistant Building and Zoning Administrator for a provisional term of six months,
effective April 25, 1984 at a salary of $12,500.00, per annum.
Duly adopted by the following vote:
Ayes: Dr. Eisenhart, Mr. Morrell, Mrs. Monahan, Mrs. Walter
Noes: None
Absent: Mr. Olson
134
RESOLUTION OF APPOINTMENTS TO RECREATION COMMISSION
RESOLUTION NO. 1D1, Introduced by Mr. Daniel Morrell who moved for its adoption,
seconded by Mrs. Betty Monahan:
WHEREAS, there are currently three vacancies on the Recreation Commission, and
WHEREAS, the Queensbury Town Board wishes to fill these vacancies, NOW, THEREFORE
BE IT
RESOLVED, that the following Queensbury residents be appointed to the Recreation
Commission.
Marvin Lemery-term ending February 27, 1989
Jack LaBombard-term ending December 12, 1988
Dale Granger-term ending February 27, 1989
Duly adopted by the following vote:
Ayes: Dr. Eisenhart, Mr. Morrell, Mrs. Monahan, Mrs. Walter
Noes:. None
Absent: Mr. Olson
RESOLUTION TO SET PUBLIC HEARING ON ORDINANCE TO AMEND SECTIONS 12.070,
2.020, 7.074, 9.202 and 10.050 OF THE TOWN OF QUEENSBURY ZONING ORDINANCE
RESOLUTION NO. 102, Introduced by Dr. Charles Eisenhart who moved for its adoption,
seconded by Mr. Daniel Morrell:
WHEREAS, a proposed ordinance to amend Section No. 12.070, 2.020, 7.074, 9.020 and
10.050 of the Town of Queensbury Zoning Ordinance, a copy of which is hereto annexed,
has been prepared, and
WHEREAS, the proposed ordinance is worthy of consideration for legislative action,
NOW, THEREFORE BE IT
RESOLVED, that a public hearing be held concerning the proposed adoption of an ordinance
to amend the aforesaid sections of the Town of Queensbury Zoning Ordinance and that _
said public hearing be held at 7:30 P.M. in the Meeting Room of the Town of Queensbury
Office Building, Bay & Haviland Roads in the Town of Queensbury, Warren County, New
York on the 8th day of May, 1984 at which all persons interested in the subject thereof
will be heard, and it is further
RESOLVED, that the Town Clerk be hereby directed and authorized to publish and provide
notice of said public hearing as may be rquired by law.
Duly adopted by the following vote:
Ayes: Dr. Eisenhart, Mr. Morrell, Mrs. Monahan, Mrs. Walter
Noes: None
Absent: Mr. Olson
(copies of the proposed changes on file)
RESOLUTION TO APPROVE BINGO LICENSE
RESOLUTION NO. 103, Introduced by Mr. Daniel Morrell who moved for its adoption,
seconded by Mrs. Betty Monahan:
RESOLVED, that Bingo License No. 17039 be and hereby is approved allowing West Glens
Falls Vo. Fire Co. to hold Bingo occasions from May 5th through July 28th and be it further
RESOLVED, that this license includes one Sunday Bingo.
Duly adopted by the following vote:
Ayes: Mr. Morrell, Mrs. Monahan, Mrs. Walter
Noes: Dr. Eisenhart
Absent: Mr. Olson
135
RESOLUTION AUTHORIZING SUPERVISOR TO SIGN LANDFILL AGREEMENT
RESOLUTION NO. 104, , Introduced by Dr. Charles Eisenhart who moved for
its adoption, seconded by Mr. Daniel Morrell:
WHEREAS, the Queensbury Glens Falls Landfill agreement has expired as of December
31, 1983 and
WHEREAS, it is the desire of the Town of Queensbury to operate said landfill in
the Town of Queensbury in cooperation with and in accordance with an agreement
to be entered into with the City of Glens Falls, NOW, THEREFORE BE IT
RESOLVED, that the Supervisor of the Town of Queensbury be and she hereby is
authorized to execute an agreement with the City of Glens Falls for the operation
of the landfill in cooperation with the City of Glens Falls under terms and conditions
�- specified in the agreement between the Town of Queensbury and the City of Glens
Falls to be in such form and containing such conditions as are approved by the Town
Counsel for the Town of Queensbury, agreement to be in effect until December
�- 31, 1985.
Duly adopted by the following vote:
Ayes: Dr. Eisenhart, Mr. Morrell, Mrs. Monahan, Mrs. Walter
Noes: None
Absent: Mr. Olson
COMMUNICATIONS
Ltr.- D.O.T. notifying the Town of Queensbury about the reconstruction of Rt 4 and
149.
Ltr.-D.O.T. regarding Ogden Road and Division Street 30 mph speed limit --area speed
limit being ordered. on file...
Ltr.-D.O.T. regarding stop controls on Hanneford Raod and Butternut Hill Drive at Route
9L on file....
Ltr.-Paul Naylor- rescinding the weight limits on Bell Mountain Rd. Gurney Lane Mt.
-- Rd., Butler Pond Road, Fuller Mountain Road, Clendon Mt. Rd. and Luzerne Mt. Rd.
OPEN FORUM
9:24 P.M.
Mr. Arthur Turnbull-What are the terms of the new Landfill agreement with the City
of Glens Falls? I would also like to know how were are progressing with the sewer situation
with the City of Glens Falls?
Supervisor Walter-The terms of the landfill contract are about the same, the vouchered
costs of operating the landfill has been a shared cost 52% City, 48% Town. The changes
that were made in the contract was an additional fee the City will pay to help the town
out with other costs, such as administration, depletion of natural resources, risk, nuisance,
so we are charging them $25,000 next year for that. That can be increased by 6% without
having to be renegotiate the contract. The other change is an indemnification. We have
asked for that clause to be included and has been agreed to in concept by the Mayor,
that the City will assume liability for what ever happens at the landfill site.
Mr. Turnbull- What is the life expectancy of the landfill?
Supervisor Walter- Approximately a dozen years...
Mr. Turnbull- Do we have any plans in regard to incineration?
Supervisor Walter-I would hope by the time we are looking to expand the landfill that
we will be in resource recovery...
Councilman Morrell- What we have now is double the cost per yard if we went to resource
recovery...
Supervisor Walter- In regard to your question on sewers, we are going to have a technical
meeting with the parties involved. We are talking with the City about dumping our sewage
into their plant and I am sure we will be successful.
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Ms. Carol Rogers-47 Kinl;splace-We would like to propose a local law prohibiting the
display to minors of obscene material.
Supervisor Walter- We have asked our attorney to draw that up. Noted that the Board
will have to review the proposed local law and the Board may set a public hearing at
the next meeting.
Ms. Rogers- We are concerned over children being able to go into stores and go through
these magazines...noted in a local store she spoke to a manager about this an he said
he could do nothing about this. He had to do what his supervisor said...they need to be
out of reach of children...People have a right to buy that stuff but our children must
be protected, they should be placed behind the counters and wrappers on them so children
cannot get to them.
Rev. Storms- I would suggest in regard to the wording that the Board look at the Senate
Bill # S38731), a proposed bill...
Supervisor Walter- Is there a bill in the Assembly?
Rev. Storms- Not yet.
Town Counsel- I would say that the difficulty that any State or Local Municipality has
in enforcing these ordinances is whether they become unconstitutionally vague where
they specifically define what you are banning. What the language of the local law does
is pick up exactly what is proscribed in the penal law, so that we have a specifically
defined in what we are prohibiting in terms of the depictions that are going to be banned
in terms of minors. I believe that because we have done that, that will meet the objections
that have been raised, in constitutional arguments that have had other local laws thrown
out by the courts. Noted he will look at the proposed Senate bill for wording...
Councilman Morrell- Will this have anything to do with movies?
Town Counsel-No.
Supervisor Walter- One of the things that we have to consider is enforcement.
Pliney Tucker-Regarding the landfill, questioned the status of the Torrington Property?
Town Counsel- Torrington sold the property to the Town of Queensbury, they did reserve
the mineral rights, sand and gravel for a specific period of time._
Mr. Tucker- Questioned if Mrs. Walter used that land when estimating the life span of
12 years for the landfill?
Supervisor Walter- No.
Mr. Tucker- Questioned if the City ever paid back the sales tax monies owed to the County?
Supervisor Walter- I have been told that the City did pay back that money—the Town
still has a concern especially with new businesses that they use Queensbury in filing sales
taxes...
Councilman Monahan- Noted that residents of Queensbury, when purchasing an item
that is delivered to the home, to make the retailer aware that the sales tax should be
reported as Warren County, not Glens Falls.
Mr. Turnbull- The identity problem would be solved by having a post office...
Supervisor Walter- Reviewed the history of trying to get a post office identity for Queensbury.
Mr. Roger Farr-Bay Road-Approved of an ordinance to ban pornography. Pornography,
drugs and sex go hand in hand, they are detrimental to the community there is no question.
Unknown-...drugs, alcohol, pornography are all degrading to our society. I feel we need
to set an example and stop some of this. ..'
Mr. Burnham-Objected to pornographic pictures in hardware stores...
Mr. Usher- I feel the same way, when I go into some businesses and see these magazines,
I feel we really need to do something about this.
Mr. Turnbull- Suggested that businesses be licensed to sell such materials...
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Town Counsel- What this proposed local law does is to prohibit it to minors...
Irene Tartaglia-As a parent, I do not want my child to walk into any place who has a
certain section for pornorgraphic material, I feel as a parent I do not want my children
to be subject to that trash.
Rev. Storms- I urge the passage of a local law with wording that is appropriate...
Town Counsel-The State penal law prohibits the sale of this material to minors.
RESOLUTION TO APPROVE SPECIAL AUDIT OF BILLS
RESOLUTION NO. 105, Introduced by Dr. Charles Eisenhart who moved for its adoption,
seconded by Mr. Daniel Morrell:
RESOLVED, the Audit,of Bills as appears in Abstract No. 84-4C and numbered 804 -
805 and totaling $3,026.00 be and hereby is approved.
Duly adopted by the following vote:
Ayes: Dr. Eisenhart, Mr. Morrell, Mrs. Monahan,Mrs. Walter
Noes: None
Absent: Mr. Olson
RECESS AS TOWN BOARD
QUEENSBURY BOARD OF HEALTH
-Variance Application of Mr. Bleibtrey Jr.
Supervisor Walter- Mr. Dean, if Mr. Bleibtrey's septic system fails, he would then be
in violation of other areas of the ordinance.
Mr. Dean- yes.
Councilman Monahan-If the mound system answers all problems in Lake George why
did they originally place the 200' in there relative to the mound system?
Mr. Dean- That was relative to any system...Perhaps they thought with one acre lots,
it was a 200' blanket....
RESOLUTION TO APPROVE VARIANCE
RESOLUTION NO. 1, 1984,.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 Charles F. Bleibtrey
Jr. and has determined the following:
A. 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.
B. The 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.
�- C. 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.
NOW, THEREFORE BE IT
RESOLVED, pursuant to the above findings the local Board of Health has approved the
variance of Mr. Charles F. Bleibtrey Jr., property being located at Route 9L, Warner
Bay, Tax Map Number 20-1-2.
Duly adopted by the following vote:
Ayes: Dr. Eisenhart, Mr. Morrell, Mrs. Monahan, Mrs. Walter
Noes: None
Absent: Mr. Olson
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ADJOURNED AS THE QUEENSBURY BOARD OF HEALH
RECONVENED AS THE QUEENSBURY TOWN BOARD
RESOLUTION CALLING FOR EXECUTIVE SESSION
RESOLUTION NO. 106 , Introduced by Mrs. Frances Walter who moved for its
adoption, seconded by Dr. Charles Eisenhart:
RESOLVED, that the Town Board hereby moves into executive session to discuss
personnel matters.
Duly adopted by the following vote:
I
Ayes: Dr. Eisenhart, Mr. Morrell, Mrs. Monahan, Mrs. Walter
Noes: None
Absent: Mr. Olson
On motion the meeting was adjourned.
Respectfully submitted,
Donald A. Chase, Town Clerk
Town of Queensbury
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