1982-12-28 54
TOWN BOARD MEETING DECEMBER 28 , 1982
MEMBERS PRESENT:
MRS. FRANCES WALTER-SUPERVISOR
MR. DANIEL OLSON-COUNCILMAN
DR. CHARLES EISENHART-COUNCILMAN
MR. DANIEL MORRELL-COUNCILMAN
MRS . BETTY MONAHAN-COUNCILMAN
MR. UOSPEH BRENNAN-TOWN COUNSEL
PRESS: G. F. POST STAR
i
GUESTS : MR. URCH , DR. F INE , MRS. HALL , MRS. LABOMBARD, ' MR. DAIRE -
MR. TURNBULL , MR. RICHARDS
TOWN OFFICIALS : MR. NAYLOR, MR. LYNN , MR. FLAHERTY , MR. VANDUSEN
PLEDGE OF ALLEGIANCE LED BY SUPERVISOR WALTER
MEETING OPENED 7 :47 P. M.
SUPERVISOR WALTER- OPENED THE MEETING AS THE QUEENSBURY BOARD OF HEALTH
RE-OPEN PUBLIC HEARING OF TWO WEEKS AGO
UNSAFE STRUCTURE-THE BALTIS PROPERTY ON AVIATION ROAD
SUPERVISOR WALTER- WE HAVE BEEN NOTIFIED BY THE BUILDING AND ZONING
ADMINISTRATMON THAT THERE IS AN UNSAFE SITUATION REGARDING THE OPEN
FOUNDATION , HE IS :CJ-T-I.NG TOWN ORDINANCE N0. 31 MR. LYNN THE REASON
WHY THIS PUBLIC HEARING WAS RECESSED WAS DUE TO THE FACT THAT THE
PEOPLE THAT WE ARE DEALING WITH DID NOT HAVE PROPER OR TIMELY NOTIFICATION-
DO WE HAVE ANY EVIDENCE THAT THIS GENTLEMEN HAS RECEIVED NOTICE THAT
THE TOWN HAS A PROBLEM WITH THIS PROPERTY?
MR. LYNN-YES , I HAVE CONTACTED MR. NEIHILL WHO WAS AN ATTORNEY FOR j
THE BALTIS PROPERTIES ,_ I_ KNOW HE RECEIVED THAT BECAUSE I RECEIVED
CORRESPONDENCE FROM MR. MULLER OF CARUSONE AND CARUSONE REPRESENTING
THE CONTRACTOR WHO TOOK THE BUILDING OFF THE FOUNDATION. AND HE INFORMS
ME THAT HE RECEIVED THE LETTER THAT WAS WRITTEN AND DIRECTED TO MR.
NEIHILL, SO I ASSUME THAT BALTIS ATTORNEY KNOWS THAT WE`-ARff LOOKING TO
GET THIS MATTER CLEARED UP. AS FAR AS ANY OTHER CORRESPONDENCE. NO ONE
HAS CONTACTED THE OFFICE.
COUNCILMAN EISENHART- NOTHING HAS BEEN DONE ABOUT FILLING IN THE HOLE ,
i
OR FENCING IT OFF?
MR. LYNN- NOTHING . . .WE HAVE HEARD THAT SOMONE WISHES TO LEASE PART
OF THE PROPERTY AND CONSTRUCT ANOTHER STRUCTURE BUT THAT DOES NOT SOLVE
OUR PROBLEM THAT WE HAVE NOW WITH THE DANGEROUS SITUATION WITH THE OPEN
BASEMENT.
COUNCILMAN EISENHART- IS THERE A SNOW FENCE AROUND IT?
MR. LYNN- OCCASIONALLY IT DOES NOT PREVENT ANYBODYFROM GETTING IN
WHAT WE ARE REQUESTING ISM NOT THAT THEY NECESSARILY FILL IT IN, BUT
CAP IT OVER TO PREVENT ANYONE FROM BEING ABLE TO GET INTO IT.
COUNCILMAN EISENHART- ARE WE AUTHORIZED TO ORDER THAT THE OPEN
PIT BE CLEARED UP?
COUNSEL BRENNAN-I WOULD SUGGEST THAT THE BOARD ADJOURN THE PUBLIC
HEARING AGAIN AND THAT SERVICE OF THE NOTICE OF PUBLIC HEARING BE
MADE DIRECTLY TO ANYONE HAVING OWNERSHIP IN THAT PROPERTY . . . NOTED
THAT HE WOULD SUGGEST THAT THE NOTICE BE HAND DELIVERED. . .
NOTED THAT AT THIS PARTICULAR TIME I DO-NOT THINK THERE IS ADEQUATE
PROOF TO SHOW THAT THE PEOPLE HAVING OWNERSHIP INTEREST IN THE PROPERTY
ACTUALLY HAVE NOTICE OF THE PUBLIC HEARING THAT THE BOARD INTENDS TO
CONDUCT.
COUNCILMAN EISENHART MOVED THAT THE TOWN COUNSEL GET A LIST OF OWNERS
OF THE PROPERTY AND THAT THE INDIVIDUAL OWNERS BE NOTIFIED AND THE HEARING
BE ADJOURNED UNTIL THE 11TH OF JANUARY , MRS. �AONAHAN SECONDED THAT. . .
SUPERVISOR WALTER NOTED IT WAS THE CONSENSUS OF THE BOARD TO HOLD THIS
TO THE 11TH FOR ACTION .
I
51
RE-OPEN PUBLIC HEARING- THE LETHBRIDGE PROPERTY ON MINNESOTA AVENUE
UNSAFE STRUCTURE
SUPERVISOR WALTER- THIS BUILDING WAS SEVERLY DAMAGED BY FIRE AND
DOES NOT MEET ANY BUILDING CODES , IT DOES NOT LOOK AS IF IT WOULD
LAST THROUGH ,T-fE WINTER TIME , IT HAS BEEN DEEMED AN UNSAFE STRUCTURE
BY CERTIFIED MAIL DELIVERED A NOTICE OF THE PUBLIC HEARING TO MR. LETH�-4
BRIDGE IN RUTLAND VERMONT
MR. LYNN- YES,0NOTICE WAS SENT BY CERTIFIED MAIL. . .
REASONS FOR DECLARING AN UNSAFE STRUCTURE OF THE LETHBRIDGE PROPERTY. . .
ON MINNESOTA AVENUE 1 . THE HOUSE WILL NOT MEET THE NEW YORK STATE
CONSTRUCTION CODE A. STRUCTURAL DAMAGE TO WALLS AND ROOF FROM FIRE.
B. ORIGINAL STRUCTURE ( UNDAMAGED BY FIRE) DOES NOT MEET CODE
REQUIREMENTS , I . E. , UNACCEPTABLE 2X4 ROOF RAFTERS , IMPROPERLY INSTALLED
STUDS , PLATES AND SILLS. 2 . THE HOUSE DOES NOT COMPLY WITH THE NEW
YORK STATE ENERGY CONSERVATION CONSTRUCTION CODE A. UNACCEPTABLE GLAZING
B. UNACCEPTABLE EXTERIOR DOORS C. INSUFFICIENT INSULATION IN FLOORS ,
WALLS AND ROOF 3. THE HOUSE DOES NOT MEET NEW YORRK STATE PLUMBING CODE
4. THE NEW YORK STATE BOARD OF FIRE UNDERWRITERS HAS ADVISED US THAT THE
WIRING IN THE HOUSE IS UNACCEPTABLE. 5 . VIOLATIONS OF HEALTH LAW
REFE TO LETTERS FROM DR. DIER ( ON FILE )
SUPERVISOR WALTER- THE BOARD MUST FIRST DETERMINE IF THEY WILL TAKE
ACTION , IF ACTION IS TAKEN� AN ACCOUNTING OF WHAT IS SPENT MUST BE MADE
SO AS TO BE LEVIED ON TAXES ON THE PROPERTY . . .
COUNCILMAN OLSON- HAS THERE BEEN ANY RESPONSE FROM MR. LETHBRIDGE?
SUPERVISOR WALTER- WE HAVE NOT HEARD FROM MR ' 1L'ETHBRrDGE.
COUNCILMAN EISENHART- FROM THE LETTER:. FROM MACK DEAN DATED 7-22-81
AND PHOTOSjIT SEEMS VERY CLEAR THIS IS AN UNSAFE STRUCTUR'E MR". OLSON
AGREED.
SUPERVISOR WALTER- IT IS THE CONSENSUS OF THE BOARD THAT THIS IS AN
UNSAFE STRUCTURE. . .
--�- COUNCILMAN OLSON- SUGGESTED THAT THE BUILDING BE BURNTDOWN BY THE LOCAL
FIRE DEPTiAFTER A DISCUSSION WAS HELDjIT WAS NOTED THAT. THE NEIGHBORING
HOUSE WAS TOO CLOSE FOR A SAFE BURNING OF THE STRUCTURE. . .
SUPERVISOR WALTER- IS THERE ANYONE HERE TONIGHT TO SPEAK ON BEHALF OF
MR. LETHBRIDGE. . .NO ONE SPOKE. . .
COUNCILMAN OLSON- SUGGESTED THAT THE HIGHWAY DEPT. BE GIVEN THE AUTHORITY
TO GO IN THERE AND DEMOLISH IT AND TRUCK IT OUT AND HIS SERVICES
WOULD BE CHARGED BACK TO THE PROPERTY. . . AGREED TO BY THE ENTIRE BOARD. . .
NG BE W
TO MR. LETHBRIDGE BEFORE THE TOWN DEMOLISHED THE BUILDI AS
DISCUSSION HELD IN REGARD- TO A TIME LIMIT THAT WO ULD N
BUILDING WAS
DECIDED THAT IF MR. LETHBRIDGE DID NOT DEMOLISH THE BUILDING BY
.JANUARY 10TH THE HIGHWAY DEPT. WOULD START DEMOLITION . . .
TOWN COUNSEL NOTED THAT A YEAR AND A HFLT AGO� THEY EXPRESSED AN INTENTION
TO REMOVE THE BUILDING- I THINK THAT IS A LONG PERIOD OF TIME . . .
RESOLUTION DECLARING PROPERTY ON MINNESOTA AVENUE AS AN UNSAFE STRUCTURE
RESOLUTION No. y 1982
INTRODUCED BY MR. DANIEL OLSON WHO MOVED FOR ITS ADOPTION , SECONDED
BY MR. DANIEL MORRELL :
WHEREAS , ,, IT HAS BEEN BROUIGHT TO THE ATTENTION OF THE QUEENSBURY BOARD
OF HEALTH BY THE QUEENSBURY BUILDING AND ZONING OFFICE THAT AN UNSAFE
STRUCTURE EXISTS ON MINNESOTA AVENUE , OWNED BY MR. NATHAN LETHBRIDGE
AND
WHEREAS , THE QUEENSBURY BOARD OF HEALTH HAS BY PROPER NOTICE HELD
A PUBLIC HEARING ON DECEMBER 14 , 1982 AND RECESSED UNTIL
DECEMBER 28 , 1982 ON THIS UNSAFE STRUCTURE NOW , THEREFORE BE IT
52
RESOLVED, THAT THE QUEENSBURY BOARD OF HEALTH DECLARES THIS STRUCTURE
ON MINNESOTA AVENUE OWNED BY MR. NATHAN LETHBRIDGE., AS AN UNSAFE STRUCTURE
AND BE IT FURTHER
RESOLVED, THAT THE TOWN BOARD DIRECTS THE QUEENSBURY HIGHWAY DBPT. TO
RAISE THE BUILDING ON THAT PROPERTY AND REMOVE THE DEBRIS ON .JANUARY
710TH I:F _-MR. LETHBRIDGE HAS NOT DONE SO AND BE IT FURTHER
RESOLVED , THAT MR. LETHBRIDGE BE NOTIFIED OF SUCH DECISION OF THE
QUEENSBURY BOARD OF HEALTH BY REGISTERED MAIL BY THE BUILDING AND
ZONING DEPT. AND BE IT FURTHER
RESOLVED, THAT IF MR. LETHBRIDGE DOES NOT REMOVE THE BUILDING� ANY �..,.
COSTS INCURRED IN DOING SO BY THE HIGHWAY DEPT. WILL BE RELAYED
ON THE PROPERTY TAXES OF THIS PROPERTY.
DULY ADOPTED BY THE FOLLOWING VOTE :
AYES : MR. OLSON , DR. EISENHART , MR. MORRELL , MRS . MONAHAN , MRS . WALTER
NOES • NONE
ABSENT : NONE
SUPERVISOR WALTER- WE WILL NOW GO OUT OF SESSION AS THE QUEENSBURY
BOARD OF HEALTH AND OPEN THE TOWN BOARD MEETING
RESOLUTIONS
RESOLUTION TO APPROVE MINUTES
RFSf1111TTON NO , 392 . INTRODUCED BY DR. CHARLES EISENHART WHO MOVED
FOR ITS ADOPTION , SECONDED BY MR . DANIEL MORRELL :
RESOLVED , THAT THE TOWN BOARD MINUTES OF DECEMBER 14TH 1982 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
RFSOl_[1TION NO . 393 _ INTRODUCED BY MR. DANIEL OLSON WHO MOVED FOR ITS
ADOPTION , SECONDED BY DR. CHARLES EISENHART :
RESOLVED, TO TRANSFER $ 15 ,000 . 00 FROM DM 5130 . 441 TO DS5142 . 100
IN ANTICIPATION OF OVERTIME DUE TO SNOW EMERGENCY.
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
i
_RFSOlUTTON NO . 394 , INTRODUCED BY MR. DANIEL OLSON WHO MOVED FOR ITS
ADOPTION , SECONDED BY MR. DANIEL MORRELL :
RESOLVED , TO TRANSFER $200 . 00 FROM C8810 . 450 AND $800 . 00 FROM. C909
FUND BALANCE TO 08810. 440 FOR REPAIRS TO BACKHOE .
DULY ADOPTED BY THE FOLLOWING VOTE :
AYES : '1R. OLSON , DR. EISENHART, MR. MORRELL , 'lRS . MONAHAN , MRS . WALTER
NOES : NONE
ABSENT : NONE
53
RESOLUTION TO ENTER INTO AGREEMENT WITH BOARD OF WATER COMMISSIONERS
OF CITY OF GLENS FALLS FOR PURCHASE OF WATER ON BEHALF OF WEST GLENS
FALLS WATER DISTRICT
11� TnN Nn �o� INTRODUCED BY MR. DANIEL MORRELL WHO MOVED FOR ITS
ADOPTION , SECONDED BY MR. DANIEL OLSON :
WHEREAS, THE WEST GLENS FALLS WATER DISTRICT WAS ESTABLISHED BY THE
TOWN BOARD OF THE TOWN OF QUEENSBURY MANY YEARS AGO, AND
WHEREAS , WATER HAS BEEN SUPPLIED AND IS PRESENTLY BEING SUPPLIED TO THE
WEST GLENS FALLS WATER DISTRICT BY THE PURCHASE THEREOF FROM THE CITY
OF GLENS FALLS , AND
WHEREAS , THE CONTRACT BETWEEN THE BOARD OF WATER COMMISSIONERS OF
THE CITY OF GLENS FALLS AND THE TOWN BOARD OF THE TOWN OF QUEENSBURY
ACTING FOR AND ON BEHALF OF THE WEST GLENS FALLS WATER DISTRICT , AS TO
THE CHARGES AND OTHER MATTERS RELATING TO THE SUPPLY OF WATER TO THE
WEST GLENS FALLS WATER DISTRICT HAS EXPIRED, AND
WHEREAS, NEGOTIATIONS HAVE BEEN HELD WITH THE CITY OF GLENS FALLS
BY THE SUPERVISOR OF THE TOWN OF QUEENSBURY RELATIVE TO A NEW
CONTRACT BETWEEN THE TOWN BOARD OF THE TOWN OF QUEENSBURY , ACTING
FOR AND ON BEHALF OF THE WEST GLENS FALLS WATER DISTRICT , AND THE
BOARD OF WATER COMMISSIONERS OF THE CITY OF GLENS FALLS , AND
WHEREAS, AN AGREEMENT HAS BEEN REACHED AS A RESULT OF SAID NEGO-
TIATION AND A PROPOSED CONTRACT REFLECTING SAID AGREEMENT AHS BEEN
PREPARED AND SUBMITTED FOR CONSIDERATION BY THE TOWN BOARD , A COPY
OF WHICH IS ANNEXED HERETO , AND
WHEREAS, THE CONTRACT APPEARS TO BE FAIR AND EQUITABLE AND THE
FORM THEREOF HAS BEEN APPROVED BY JOSEPH R. BRENNAN , ESQ. , COUNSEL
TO THE BOARD, AND
WHEREAS, IT APPEARS TO BE IN THE BEST INTERESTS OF THE WEST GLENS
FALLS WATER DISTRICT TO ENTER INTO SAID, AGREEMENT WITH THE BOARD
OF WATER COMMISSIONERS OF THE CITY OF GLENS FALLS RELATIVE TO THE
SUPPLY OF WATER TO SAID WATER DISTRICT ,
NOW, THEREFORE BE IT
RESOLVED, THAT THE TOWN BOARD OF THE TOWN OF QUEENSBURY , ACTING
FOR AND ON BEHALF OF THE WEST GLENS FALLS WATER DISTRICT , ENTER
INTO AN AGREEMENT WITH THE BOARD OF WATER COMMISSIONERS OF THE CITY
OF GLENS FALLS , UNDER THE TERMS AND CONDITIONS SET FORTH IN THE PRO-
POSED AGREEMENT ANNEXED HERETO , AND BE IT FURTHER
RESOLVED , THAT THE SUPERVISOR OF THE TOWN OF QUEENSBURY BE AND
SHE HEREBY IS AUTHORIZED TO EXECUTE SAID AGREEMENT ON BEHALF OF
THE TOWN BOARD OF THE TOWN OF QUEENSBURY , ACTDC FOR AND ON BEHALF
OF THE WEST GLENS FALLS WATER DISTRICT.
DULY ADOPTED BY THE FOLLOWING VOTE :
AYES : MR. OLSON , DR. EISENHART, MR. MORRELL , MRS . MONAHAN , NRS . WALTER
NOES : NONE
ABSENT : NONE
i COUNCILMAN MORRELL- WEST GLENS FALLS WATER DIST. DO THEY HAVE . MEMBERS
+ OF A COMMITTEE , A DISTRICT COMMITTEEjTHAT HAS ANY INPUT ON THIS?
SUPERVISOR WALTER- NO , IT IS A WATER DISTRICT THE SAME AS QUEENSBURY WATER
DISTRICT OR SHERMAN AVENUE WHERE THE TOWN BOARD IS THE ADMINISTRATORS
OF THE DISTRICT.
COUNCILMAN OLSON- WHAT IS THE LENGTH OF THE CONTRACT.
SUPERVISOR WALTER-NOVEMBER 1982 THROUGH DECEMBER OF NEXT YEAR.
RESOLUTION URGING MEMBERS OF CONGRESS TO TAKE ACTION TO BAN NATURAL
GAS SUPPLIER CONTRACT PROVISIONS THAT PRODUCE SEVERE ECONOMIC IMPACT
ON NATURAL GAS PRICES
54
RFCfII IITTnAI nln �q�� INTRODUCED BY MR. DANIEL OLSON WHO MOVED FOR ITS
ADOPTION , SECONDED BY MR. DANIEL MORRELL :
WHEREAS, NATURAL GAS CONSUMERS ARE EXPERIENCING EXCESSIVE PRICE
INCREASES OF NATURAL GAS AT A TIME WHEN THE ECONOMY IS IN DEEP
RECESSION WITH SUBSTANTIAL NUMBERS OF NEW YORK STATE CONSUMERS
UNEMPLOYED OR LIVING ON FIXED INCOMES , AND
WHEREAS , THESE EXCESSIVE PRICE INCREASES RESULT IN LARGE PART FROM
CLAUSES IN NATURAL GAS PRODUCER CONTRACTS WHICH WERE BASED ON AN
ASSUMPTION THAT NATURAL GAS WOULD CONTINUE IN SHORT SUPPLY , AND
WHEREAS , THE FACT IS THAT NATURAL GAS IS IN SURPLUS AT THIS TIME
BUT THESE CONTRACT PROVISIONS CONTINUE TO PUSH NATURAL GAS PRICES
UP ; NOW , THEREFORE BE IT
RESOLVED, THAT THIS TOWN BOARD HEREBY URGES MEMBERS OF CONGRESS
REPRESENTING THE TOWN OF QUEENSBURY TO TAKE ACTION TO BAN NATURAL
GAS SUPPLIER CONTRACT PROVISIONS THAT PRODUCE SEVERE ECONOMIC
IMPACT BY SHARP INCREASES IN THE PRICE OF NATURAL GAS FROM PRODUCERS ,
AND BE IT FURTHER
RESOLVED , THAT CONGRESS REASSURE CONSUMERS THERE WILL BE NO
ACCELERATION OF THE DECONTROL OF NATURAL GAS PRICES THAT WOULD
MENA STILL HIGHER NATURAL GAS PRICES.
THE TOWN CLERK IS HEREBY INSTRUCTED TO DIRECT A COPY OF THIS
RESOLUTION TO APPROPRIATE PUBLIC OFFICIALS , INCLUDING UNITED STATES
SENATORS AND MEMBERS OF THE HOUSE OF REPRESENTATIVES , AND ALSO TO
THE DISTRIBUTOR OF NATURAL GAS IN THIS AREA , NIAGARA MOHAWK POWER
CORPORATION , WHOSE PRINCIPAL EXECUTIVE OFFICERS HAVE CALLED FOR
CONSUMERS THROUGHOUT ITS SERVICE TERRITORY TO JOIN WITH THE COMPANY
TO URGE IMMEDIATE ACTION ON BEHAIIF OF NATURAL GAS CONSUMERS-.
DULY ADOPTED BY THE FOLLOWING VOTE :
AYES : MR. OLSON , DR. EISENHART, MR. MORRELL , MRS. MONAHANM
MRS . WALTER
NOES : NONE
ABSENT : NONE
SUPERVISOR WALTER— NOTED THAT A SIMILIAR RESOLUTION WAS PASSED
BY THE WARREN CO. BOARD OF SUPERVISORS
RESOLUTION TO ACCEPT DEED TO REAL PROPERTY FOR TOWN HIGHWAY PURPOSES
RESOLUTION NO, 397 , INTRODUCED BY DR. CHARLES EISENHART WHO MOVED
FOR ITS ADOPTION , SECONDED BY MRS . BETTY MONAHAN :
WHEREAS , JOHN M. HUGHES AND WILMA P. HUGHES , HUSBAND AND WIFE , BOTH
RESIDING AT 375 BAY ROAD IN THE TOWN OF QUEENSBURY , COUNTY OF WARREN ,
STATE OF NEW YORK , HAVE EXECUTED AND OFFERED A DEED FOR A TOWN ROAD-
WAY NOT LESS THAN FIFTY ( 50 ) FEET IN WIDTH, A COPY OF WHICH DEED IS
ANNEXED HERETO AS SCHEDULE ' ' A' ' , AND
WHEREAS, PAUL H. NAYLOR, SUPERINTENDENT OF HIGHWAYS OF THE TOWN OF
QUEENSBURY , HAS ADVISED THAT HE HAS INSPECTED THE PROPOSED ROADWAY
AND THAT HE FINDS THAT THE SAME HAS BEEN CONSTRUCTED IN ACCORDANCE
WITH THE STANDARDS AND SPECIFICATIONS REQUIRED FOR TOWN ROADWAYS IN
THE TOWN OF QUEENSBURY AND THAT , ACCORDINGLY , HE RECOMMENDS THE
ACCEPTANCE OF THIS LAND FOR HIGHWAY PURPOSES INTO THE TOWN HIGHWAY
SYSTEM, AND
WHEREAS, THOMAS K. FLAHERTY , WATER SUPERINTENDENT OF THE TOWN OF
QUEENSBURY , HAS ADVISED THAT HE HAS INSPECTED THE WATER LINE
INSTALLATION IN THE ROADWAY PROPOSED FOR DEDICATION TO THE TOWN OF
nUEENSBURY AND THAT SAID INSTALLATION HAS BEEN MADE IN ACCORDANCE
WITH THE STANDARDS AND SPECIFICATIONS REQUIRED BY THE TOWN OF QUEENS-
BURY AND THAT , THEREFORE , HE RECOMMENDS THE ACCEPTANCE OF THIS LAND
FOR HIGHWAY PURPOSES INTO THE TOWN HIGHWAY SYSTEM, AND
WHEREAS, THE FORM OF THE DEED HAS BEEN APPROVED BY JOSEPH R. BRENNAN ,
ESQ. , COUNSEL TO THE BOARD,
55
NOW, THEREFORE BE IT
RESOLVED, THAT THESE LANDS BE ACCEPTED FOR HIGHWAY PURPOSES INTO
THE TOWN HIGHWAY SYSTEM AND THAT SAID DEED BE AND THE SAME IS HEREBY
ACCEPTED AND APPROVED AND THE TOWN CLERK BE HEREBY AUTHORVZED AND DIRECTE[
TO CAUSE SAID DEED TO BE RECORDED IN THE WARREN COUNTY CLERK 'S OFFICE
AFTER WHICH SAID DEED SHALL BE PROPERLY FILED AND MAINTAINED IN THE
OFFICE OF THE TOWN CLERK OF THE TOWN OF QUEENSBURY , AND BE IT FURTHER
RESOLVED, THAT THIS NEW ROADWAY BE ADDED TO THE OFFICIAL INVENTORY
OF TOWN HIGHWAYS TO BE DESCRIBED THEREIN AS FOLLOWS :
f
ROAD NO : 277 DESCRIPTION BEGINNING AT BAYBERRY DR. EASTERLY
TO DEAD END.
MILEAGE : 425 FEET NAME : BAYBERRY DR.
DULY ADOPTED BY THE FOLLOWING VOTE :
AYES MR. OLSON , DR. EISENHART , MR. MORRELL , MRS. MONAHAN , MRS. WALTER
NOES: NONE
ABSENT : NONE
LTR. ON FILE FROM THE HIGHWAY SUPT. APPROVING THE ROAD
MR. FLAHERTY NOTED HE HAD GIVEN HIS APPROVAL TO THE TOWN COUNSEL
COUNCILMAN MORRELL- WILL THIS DEAD END HAVE A CULDESACK
MR. NAYLOR- YES
RESOLUTION TO ACCEPT DEED TO REAL PROPERTY FOR TOWN HIGHWAY PURPOSES
RESOLUTION NO. 398 , INTRODUCED BY MR. DANIEL MORRELL WHO MOVED FOR ITS
ADOPTION , SECONDED BY MRS. BETTY MONAHAN :
WHEREAS, WOODBURY REALTY ASSOCIATES , A PARTNERSHIP WITH OFFICES AT
j 679 GLEN STREET IN THE TOWN OF QUEENSBURY , COUNTY OF WARREN , STATE OF
1--' NEW YORK , HAS EXECUTED AND OFFERED A DEED FOR A TOWN ROADWAY NOT LESS
THAN FIFTY ( 50 ) FEET IN WIDTH , A COPY OF WHICH DEED IS ANNEXED HERETO
AS SCHEDULE ' 'A' ' , AND
WHEREAS, PAUL H. NAYLOR, SUPERINTENDENT OF HIGHWAYS OF THE TOWN OF
QUEENSBURY , HAS ADVISED THAT HE HAS INSPECTED THE PROPOSED ROADWAY
AND THAT HE FINDS THAT THE SAME HAS BEEN CONSTRUCTED IN ACCORDANCE
WITH THE STANDARDS AND SPECIFICATIONS REQUIRED FOR TOWN ROADWAYS IN
THE TOWN OF QUEENSBURY AND THAT , ACCORDINGLY , HE RECOMMENDS THE
ACCEPTANCE OF THIS LAND FOR HIGHWAY PURPOSES INTO THE TOWN HIGHWAY
SYSTEM, AND
WHEREAS, THOMAS K. FLAHERTY , WATER SUPERINTENDENT OF -THE TOWN OF
QUEENSBURY , HAS ADVISED THAT HE HAS INSPECTED THE WATER LINE INSTALLA-
TION IN THE ROADWAY PROPOSED FOR DEDICATION TO THE TOWN OF QUEENSBURY
AND THAT SAID INSTALLATION HAS BEEN MADE IN ACCORDANCE WITH THE
STANDARDS AND SPECIFICATIONS REQUIRED BY THE TOWN OF QUEENSBURY AND THAT ,
THEREFORE , HE RECOMMENDS THE ACCEPTANCE OF THIS LAND FOR HIGHWAY PUR-
POSES INTO THE TOWN HIGHWAY SYSTEM, AND
WHEREAS, THE FORM OF THE DEED HAS BEEN APPROVED BY JOSEPH R. BRENNAN ,
ESQ. , COUNSEL TO THE BOARD,
NOW , THEREFORE BE IT
RESOLVED, THAT THESE LANDS BE ACCEPTED FOR HIGHWAY PURPOSES INTO THE
TOWN HIGHWAY SYSTEM AND THAT SAID DEED BE AND THE SAME IS HEREBY
ACCEPTED AND APPROVED AND THE TOWN CLERK BE HEREBY AUTHORIZED AND
DIRECTED TO CAUSE SAID DEED TO BE RECORDED IN THE WARREN COUNTY CLERK 'S
OFFICE AFTER WHICH SAID DEED SHALL BE PROPERLY FILED AND MAINTAINED
IN THE OFFICE OF THE TOWN CLERK OF THE TOWN OF QUEENSBURY , AND BE IT
FURTHER
RESOLVED, THAT THIS NEW ROADWAY BE ADDED TO THE OFFICIAL INVENTORY
OF TOWN HIGHWAYS TO BE DESCRIBED THEREIN AS FOLLOWS :
ROAD No. 389 DESCRIPTION : BEGINNING AT WEST MOUNTAIN ROAD CONTINUING
56
IN A CIRCULAR DIRECTION ENDING AT WEST MOUNTAIN ROAD
NAME PINE WOOD HOLLOW -;ROACE MILEAGE 1650 FEET
DULY ADOPTED BY THE FOLLOWING VOTE :
AYES : MR. OLSON , DR. EISENHART , MR. MORRELL , MRS . MONAHAN , MRS . WALTER
NOES : NONE
ABSENT : NONE _
MR. JOHN RICHARDS FROM THE OFFICES OF LAPAN AND REARDON �
PRESENTED THE ROAD TO THE TOWN BOARD PINE WOOD HOLLOW ROAD
ON BEHALF OF THE WOODBURY REALTY ASSOCIATES. . .
DISCUSSION WAS HELD ON THE LENGTH OF THE NAME OF THE ROAD. . .
IT WAS SUGGESTED THAT PLANNING BOARD AND BUILDING AND ZONING
DEPT. REQUEST THAT SUBDIVIDERSjWHEN THEY ARE NAMING STREETS
TRY NOT TO HAVE DUPLICATIONS AND SHORTER NAMES FOR THE STREETS
IN THE TOWN BE CONSIDERED. . .
SUPERVISOR WALTER- I WILL ALERT THE PLANNING BOARD THAT THEY
SHOULD ALERT DEVELOPERS WHEN THEY COME BEFORE THEM. . REGARDING
DUPLICATION OF NAMES AND TO CONSIDER SHORTER NAMES FOR STREETS. . .
RESOLUTION TO INSTALL STREET LIGHTS
RESOLUTION NO . 399 , INTRODUCED BY MR. DANIEL OLSON WHO MOVED FOR ITS
ADOPTION , SECONDED BY MR. DANIEL MORRELL :
RESOLVED, THAT ONE ( 1 ) STREET LIGHT BE INSTALLED ON POLE #12 BURKE
DRIVE AND ONE ( 1 ) STREET LIGHT ON POLE #13 AT BURKE DRIVE AND
BURKE CIRCLE AND BE IT FURTHER
RESOLVED, THAT ONE ( 1 ) STREET LIGHT BE INSTALLED ON WEEKS ROAD
AT POLICE #CH69 AND THAT A CERTIFIED COPY OF THIS RESOLUTION
BE SENT TO NIAGARA MOHAWK CORPORATION . �lj
DULY ADOPTED BY THE FOLLOWING VOTE :
AYES : MR. OLSON , DR. EISENHART , MR. MORRELL , MRS . MONAHAN , MRS . WALTER
NOES : NONE
ABSENT : NONE
RESOLUTION TO REAPPOINT
g niuTION NO . 400 , INTRODUCED BY DR. CHARLES EISENHART WHO MOVED
FOR ITS ADOPTION , SECONDED BY MRS . BETTY MONAHAN :
WHEREAS, THE TERM OF EARL ELLSWORTH OF THE BOARD OF ASSESSMENT
REVIEW IS DUE TO EXPIRE DECEMBER 31 , 1982 AND
WHEREAS , IT IS THE WISH OF THE QUEENSBURY TOWN BOARD TO REAPPOINT
MR. ELLSWORTH TO A THREE YEAR TERM, NOW , THEREFORE BE IT J
RESOLVED, THAT THE QUEENSBURY TOWN BOARD HEREBY REAPPOINTS MR.
EARL ELLSWORTH OF QUEENSBURY TO A THREE YEAR TERM ON THE BOARD
OF ASSESSMENT REVIEW TO EXPIRE ON DECEMBER 31 , 1985 .
DULY ADOPTED BY THE FOLLOWING VOTE :
AYES : MR. OLSON , DR. EISENHART , MR. MORRELL , MRS. MONAHAN , MRS. WALTER
NOES : NONE
ABSENT : NONE
_ I I
57
MR. LYNN— PRESENTED THE TOWN BOARD WITH THE FOUDWING
REQUEST FOR PUBLIC HEARINGS:
PROPOSED AMENDMENT TO THE ZONING ORDINANCE
1. SECTION 7. 011A. 1 ) , C) DELETE ' ' . . . THE CLEARING OF SCRUB
VEGETATION ' '
THIS SECTION AS AMENDED WOULD READ:
' ' c ) THE ABOVE CUTTING STANDARDS SHALL NOT BE DEEMEB TO PREVENT THE
REMOVAL OF DISEASED VEGETATION OR OF ROTTEN OR DAMAGED TREES OR OF
OTHER VEGETATION THAT PRESENT SAFETY OR HEALTH HAZARDS , OR TO PREVENT
a
THE PRUNING OF SHRUBS , CUTTING OF GRASS
PROCEDURES. ' ' OR SIMILAR YARD MAINTENANCE
2. SECTION 8. 011 ADD: '' 'THIS SECTION SHALL NOT APPLY TO ANY
SUBDIVISION WHICH HAS NOT RECEIVED NECESSARY APPROVAL BY THE
ADIRONDACK PARK AGENCY.
THE COMPLETED NEW SECTION WILL READ:
SECTION 8. 011 EXEMPTION OF MINIMUM LOT AREA REQUIREMENTS FOR LOTS IN AN
APPROVED SUBDIVISION.
NOTHWITHSTANDING THE PROVISIONS OF SECTION 8. 010 OF THIS ORDINANCE ,
ANY NON—CONFORMING LOT OF RECORD AS OF THE DATE OF THIS ORDINANCE
WHICH DOES NOT MEET THE MINIMUM LOT AREA AND/OR MINIMUM LOT WIDTH
REQUIREMENTS OF THIS ORDINANCE FOR THE ZONING DISTRICT IN WHICH
SUCH LOT IS SITUATED SHALL BE EXEMPT FROM SUCH MINIMUM LOT REQUIRE-
MENTS, AND NO VARIANCE SHALL BE REQUIRED, FOR A PERIOD OF THREE ( 3)
YEARS FROM THE EFFECTIVE DATE OF THIS ORDINANCE , IF SAID LOT IS
SHOWN AND DELINEATED ON A SUBDIVISION PLAT OF LAND INTO LOTS FOR
RESIDENTIAL USE , DULY APPROVED BY THE QUEENSBURY PLANNING BOARD SUBSEQUENT
TO AUGUST 30 , 1967 ( THE EFFECTIVE DATE OF THE FIRST ZONING ORDINANCE
OF THE TOWN OF QUEENSBURY) AND SAID SUBDIVISION PLAT HAS BEEN DULY FILED
IN THE OFFICE OF THE WARREN COUNTY CLERK IN ACCORDANCE WITH LAW.
THIS SECTION SHALL NOT APPLY TO ANY SUBDIVISION WHICH HAS NOT RECEIVED
NECESSARY APPROVAL BY THE ADIRONDACK PARK AGENCY.
3. SECTION 7. 051 ADD TO PARAGRAPH B ) . ' 'EXCEPT UPON A SHOWING
SATISFACTORY TO THE PLANNING BOARD DURING SITE PLAN REVIEW UNDER
ARTICLE 5 THAT THE SITE PLANS CONTAIN MITIGATIVE MEASURES ADEQUATE
TO ASSURE THAT THE PROPOSED USE OF THE LAND WILL NOT CAUSE ANY UNDUE
ADVERSE IMPACTS EITHER TO SUCH GROUNDWATER TABLE OR TO ANY SURFACE
WATERS INTO WHICH SUCH LANDS DRAIN.
THE COMPLETED NEW SECTION WILL READ :
SECTION 7. 051 EXCAVATION.
A. SLOPES CAUSED BY THE EXCAVATION SHALL UPON
COMPLETION NOT EXCE® 30%
B. DEPTH OF EXCAVATION SHALL APPROACH NO CLOSER
THAN 5 FEET TO THE AVERAGE HIGH POINT OF THE
GROUND WATER TABLE MEASURED ANNUALLY EXCEPT
UPON A SHOWING SATISFACTORY TO THE PLANNING
BOARD DURING SITE PLAN REVIEW UNDER ARTICLE 5
THAT THE SITE PLANS CONTAIN MITIGATIVE MEASURES
`— ADEQUATE TO ASSURE THAT THE PROPOSED USE OF THE
LAND WILL NOT CAUSE ANY UNDUE , ADVERSE IMPACTS
EITHER TO SUCH GROUND WATER TABLE OR TO ANY
SURFACE WATERS INTO WHICH SUCH LANDS DRAIN.
C. STOCKPILED MATERIAL SHALL NOT EXCEED 35 FEET.
SUPERVISOR WALTER— WAS THAT APPROVED BY THE WARREN CO. PLANNING BOARD
AT THEIR DEC. 8TH MEETING?
MR. LYNN— YES APA HAS ALSO APPROVED THE CHANGES. . .
THE OTHER PUBBIC HEARING REQUEST— REZONING OF THE DOYLE PROPERTY
THE PLANNING BOARD RECOMMENDED APPROVAL WITH COMMENTS : THE QUEENSBURY
PLANNING BOARD RECOMWN REZONING TO EXTEND THE HC-15 ZONE TO INCLUDE
THE PROPERTY WHICH IS BORDERED BY COUNTRY CLUB ROAD , QUAKER ROAD,
GLENWOOD AVENUE AND WOODVALE ROAD.
58
THE COUNTY RECOMMENDED DISAPPROVAL NOTED A LETTER WRITTEN BY
KENNETH R. SORLIN SECRETARY PRO TEM - TAKING EXCEPTION TO THE
WARREN CO. PLANNING BOARDS DISAPPROVAL OF THE REZONING REQUEST.
(ON FILE )
RESOLUTION TO SET PUBLIC HEARING ON AMENDMENTS TO THE ZONING ORDINANCE
RESOLUTION NO . 401 , INTRODUCED BY MRS . BETTY MONAHAN , WHO MOVED FOR ITS
ADOPTION , SECONDED BY MR. DANIEL MORRELL :
RESOLUTION FORTHCOMING FROM TOWN COUNSEL TO BE FOUND ON PAGE 87
DULY ADOPTED BY THE FOLLOWING VOTE :
i
AYES : MR. OLSON , DR. EISENHART , MR. MORRELL , MRS . MONAHAN , MRS. WALTE
NOES : NONE j
ABSENT : NONE \J
RESOLUTION TO SET PBULIC HEARING ON REZONING REQUEST-DOYLE
RESOLUTION N0. 402 , INTRODUCED BY DR. CHARLES EISENHART WHO MOVED
FOR ITS ADOPTION , SECONDED BY MRS. BETTY MONAHAN :
RESOLUTION FORTHCOMING FROM TOWN COUNSEL TO BE FOUND ON PAGE 87
DULY ADOPTED BY THE FOLLOWING VOTE :
AYES : MR. OLSON , DR. EISENHART , MR. MORRELL , MRS. MONAHAN , MRS. WALTER
NOES : NONE
ABSENT : NONE
COUNCILMAN MORRELL- THE QSBY. SENIOR CITIZENS HAVE REQUESTED A REFUND
OF $25 . 00 PAID TO THE TOWN OF QUEENSBURY FOR A BUILDING PERMIT TO
CONSTRUCT A SHOW . . .
COUNCILMAN MONAHAN- WHERE IS THE SHOP?
MR. TURNBULL—ADJACENT TO ONE OF MY BUILDINGS. . .NOTED AT ONE OF THE
MEETINGSy I FOUND OUT WE WERE IN THE CATEGORY OF NOT HAVING TO PAY
FOR A PERMIT BECAUSE THAT COJRTESY WAS EXTENDED TO ANOTHER ORGANIZATION
WHICH WAS A NON PROFIT ORGANIZATION . . .
COUNCILMAN MONAHAN- BUT THE SHOP IS ACTUALLY OWNED BY YOU MR. TURNBULL
MR. TUBNBWLL- THE BUILDING IS, YES. . .
COUNCILMAN MONAHAN- ASKED IF THAT WAS A DIFFERENT SITUATION?
COUNCILMAN MORRELL- THE FEE FOR THE BUILDING PERMIT WAS PAID BY THE
nUEENSBURY SENIOR CITIZENS . . .
COUNCILMAN MONAHAN-HOW COME THIS BUILDING PERMIT WAS ISSUED IN THE NAME
OF THE SENIOR CITIZENS� WHEN THE BUILDING IS ON MR. TURNBULL ' S LAND?
MR. LYNN- BECAUSE THEY WERE THE APPLICANT .
COUNCILMAN MONAHAN- HOW CAN YOU BE AN APPLICANT FOR A BUILDING ON LAND
THAT YOU DO NOT OWN AND YOU WILL NEVER TAKE TITLE TO? -
MR. LYNN- THAT HAPPENS QUITE OFTEN. . . ,.,.
COUNCILMAN MONAHAN- IT IS NOT THE MONEY� IT IS THE LEGALITY OF THE
POSITION . . .
' TOWN COUNSEL-NOTED THAT IT WOULD BE LEGAL TO REFUND THE MONEY . . .
RESOLUTION TO REFUND BUILDING PERMIT FEE
RESOLUTION NO . 403 , INTRODUCED BY MR. DANIEL MORRELL WHO MOVED FOR ITS
ADOPTION , SECONDED BY MR. DANIEL OLSON :
RESOLVED, BEING THAT THE QUEENSBURY SENIOR CITIZENS ORGANIZATION IS A
NON PROFIT ORGANIZATION IN THE TOWN OFQUEENSBURY THE FEE PAID FOR A
59
BUILDING PERMIT FOR A SHOP IN THE AMOUNT OF TWENTY FIVE DOLLARS
BE REFUNDED.
DULY ADOPTED BY THE FOLLOWING VOTE :
AYES : MR. OLSON , DR. EISENHART, MR. MORRELL , MRS. MONAHAN , MRS. WALTER
NOES : NONE
ABSENT: NONE
I
SUPERVISOR WALTER- NOTED SHE HAD A LETTER TO BE BROUGHT BEFORE THE
BOARD- REQUESTING A TRAFFIC LIGHT AT THE CORNER OF QUAKER AND GLENWOOD
AVENUE. . . . LIST OF SIGNATURES COLLECTED AT THE SAW HORSE DURING THE MONTH
OF JULY-THESE PEOPLE FEEL THERE SHOULD BE A TRAFFIC LIGHT THERE.
COUNCILMAN EISENHART WAS OPPOSED TO IT. . .COUNCILMAN OLSON WAS OPPOSED TO
IT. . . I WILL NOTIFY MR. KELLY FROM THE SAW HORSE,, THAT THE ?_'ONSENSUS OF THE
BOARD IS THAT WE WILL NOT ENTERTAIN A TRAFFIC LIGHT AT THAT INTERSECTION.
THIS WILL BE THE LAST MEETING OF THE TOWN BOARD OF THIS YEAR AND WITH
MR. BRENNAN AS OUR COUNSEL . I KNOW THAT I, FOR ONES AM GOING TO MISS HIS
COUNSEL) HIS WORDS OF WISDOMjHIS WIT , AND ,10^E^�� IT HAS BEEN ENJOYABLE FOR
ME TO WORK WITH YOU. YOU HAVE CERTAINLYB99 EBODY I HAVE REALLY LOOKED TO
FOR ADVICE ON TOO MANY OCCASIONSIATOO NUMEROUS TO COUNT AND I KNOW THE
BOARD IS GOING TO MISS YOU BUT I WILL PROBABLY MISS YOU THE MOST.
COUNCILMAN EISENHART- I AM GOING TO MISS YOU, YOU HAVE DONE A FINE JOB
FOR US AND I AM GRATEFUL FOR THE HELP YOU HAVE GIVEN ME .
COUNCILMAN OLSON- I WILL MISS YOU TOO JOE FOR A NUMBER OF YEARS WE HAVE
SERVED WITH MORE THAN ONE SUPERVISOR AND OTHER BOARD MEMBERS� THANKS FOR
THE HELP AND THE WORK YOU HAVE GIVEN US IN THE PAST .
MR., BRENNAN-THANK YOU. . .
COUNCILMAN MORRELL- THANK YOU. . .
�...1 COUNCILMAN MONAHAN- I WOULD LIKE TO ECHO THE SENTIMENTS OF EVERYBODY.
SUPERVISOR WALTER- THAT LEADSME TO THE PUBLIC ANNOUNCEMENT THAT WE ARE
LOOKING FOR A NEW TOWN COUNSEL- IF ANYONE IS INTERESTED THEY SHOULD
CONTACT THE TOWN BOARD AND LIST THEIR QUALIFICATIONS AND WHY THEY WANT
TO BE A TOWN ATTORNEY. WE ARE LOOKING FOR A RESIDENT OF THE TOWN OF
QUEENSBURY FOR THE POSITION.
8 :50 OPEN FORUM
MR. DAIRE- SORRY TO SEE MR. BRENNAN GO. . . HE WILL BE MISSED
DR. FINE-4 HUMMINGBIRD LANE- I WOULD LIKE TO COMMENT ON THE LETTER RECEIVED
BY MR. URCH CONCERNING THE LAST BOARD MEETING ON THE TRAILER ON THE HALL
PROPERTY. WE HANE A NUMBER OF QUESTIONS] THE LETTER THAT HE RECEIVED IS
,SKETCHY', AND WE WOULD LIKE SOME CLARIFICATIONS FROM YOU. FIRST OF ALL,,
AT THE LAST MEETING IT WAS DISCUSSED BY MR. OLSON THAT WE DID NOT HAVE
PROOF OF THE TRAILER BEING A 1974 OR BETTER TRAILER THERE HAD TO BE
A CERTIFICATE OF PROOF-WE WOULD LIKE TO KNOW IF THE BOARD HAS RECEIVED
THAT CERTIFICATE OF PROOF.
SUPERVISOR WALTER- THE BOARD DOESN 'T RECEIVE IT-THE BUILDING DEPT. WOULD
AND IT IS OUR INDICATION THAT� MR. LYNN. . .
i
MR. LYNN-MRS. HALL PROVIDED US WITH THE BILL OF SALE AND WHEN WE CHECKED
INTO IT WE RECEIVED A CALL FROM WASHINGTON AND THEY INFORMED US THAT MODEL
WA +973 -1974 WOULD HAVE MET THE STANDARDS THAT WEREjAT THAT TIME
WE STATE STANDARDSjWHICH BECAME HUD STANDARDS . SO EVERY INDICATION
THAT WE HADjIS THAT IT IS AN APPROVED MODEL.
DR. FINE- OLIR SECOND QUESTION IS THE PLACEMENT OF THE TRAILER-AT THE MEETIN,
LAST TIME AROUND MRS. MONAHAN HAD MKNTIONEDj AS WELL AS DR. EISENHART, THAT
PERHAPS THE TRAILER WAS NOT AT THE CORRECT SPOT , WE WOULD LIKE TO KNOt
IS IT NOW ESSENTIALLY IN THE CORRECT SPOT. A SURVEY WAS GOING TO BE DONE
TO DETERMINE WHETHER IT WAS IN THE CORRECT SPOT AND WE WOULD LIKE TO KNOW
WHAT THE FINDINGS OF THE SURVEY WERE.
SUPERVISOR WALTER- DR. EISENHART , MRS. MONARAN AND MYSELF WERE OUT AT THE
60
SITE AT THE SAME TIME AND WE KIND OF LOOKED AT THE PLACEMENT AND USED
BOTH MAPS1THE ONE THAT WAS PRESENTED TO US BY, HUMMINGBIRD LANE RESIDENTS
AND ALSO THE ONE THAT MRS . HALL PRESENTED TO US . WE FELT THAT THE MAP
THAT WAS IN ERROR WAS THE ONE THAT HUMMINGBIRD LANE RESIDENTS HAD PREPARED,
IT DID NOT SHOW THE LOCATION OF THE TRAILER WHERE THE TRAILER WAS„ IN FACT
PLACED. SO. WE WERE THERE ON THE SITE , MR. OLSON AND MR. MORRELL WERE
ALSO THERE BUT NOT AT THE SAME TIME THAT WE WERE.
COUNCILMAN EISENHART- I HAD MISINTREPRETED THE ORIGINAL MAP IT WAS JUST
AN ERROR ON MY PART , JUST ERR IN GETTING THE THING SET UP IT IS IN WHERE
IT IS SPECIFIED.
DR. FINE- ALTHOUGH IT IS WHERE IT IS SPECIFIED ON THE MAPjYOU BASED
YOU OPINION ON A DIFFERENT OPINION.
i
COUNCILMAN EISENHART- ON MY INTREPRETATION OF AN AREA MAP THAT WAS
ERRONEJOUSJ MY INTREPRETATION WAS ERRONEOUSJNOT THE MAP . . .
DR. FINE- THE LAST POINT WE HAD IS THAT WE WERE KIND OF UNDER THE
IMPRESSION THAT THIS WOULD BE A COMPROMISE TYPE SITUATION BETWEEN
THE HALLS AND THE RESIDENTS OF HUMMINGBIRD LANE AS TO THE TRAILER IN
QUESTION. WE WERE NOT INVOLVED IN ANY OF THE NEGOTIATIONS OR EVEN
MADE AWARE OF ANYTHING THAT WAS BEING DONE BY THE TOWN BOARD- MY IMPRESSION
WAS THAT A COMPROMISE SHOULD BE MADE BETWEEN THE TWO PARTIES THAT ARE
HAVING THE TROUBLE. THIS COMPROMISE WAS WORKED OUT BETWEEN`; THE HALLS
AND THE HALLS AND THE RESIDENTS OF HUMMINGBIRD LANE HAD NOTHING AT ALL
TO SAY ABOUT ANY OF THIS. OUR CONTENTION WAS THAT WE WANTED THE TRAILER
REMOVEDjWE DID NOT GET THE TRAILER REMOVED) WE DID NOT GET THE TRAILER
MOVED, WE DID NOT GET ANYTHINGjTHAT IS A HECK OF A COMPROMISE. I WOULD LIKE
TO KNOW WHY MR. URCHjWHO WE TOLD YOU WAS OUR REPRESENTATIVE AT THE LAST
MEETING, WAS NOT NOTIFIED OF ANY OF THE ONGOING DISCUSSIONS WITH THE HPALLS?
WAS THAT AN OVERSITE OR IS THAT JUST THE WAY (THE TOWN BOARD OPERATES?
SUPERVISOR WALTER- I THINK IT IS VERY UNUSUAL THAT WE WOULD HAVE A
COMPROMISE , I THINK WHAT WE SAID WAS,, THAT THE RESIDENTS WOULD BE INFORMED,
WHICH IS WHAT THE LETTER WAS TO MR. URCH AND BEFORE THIS NEXT MEETING,
IF THE BOARD WgI GOING TO MAKE ANY OTHER DECISION . WHAT THE LETTER SAYS
THAT THE BOARDh TANDING BY ITS DECISION . NO OTHER MEETINGS OR RESOLU-
TIONS NEEDED TO BE HELD UNLESS THEY WERE GOING TO CHANGE THEIR MINDS.
Ij
DR. FINE- IT WAS MY IMPRESSION FROM THE LAST MEETING AND I THINK IF
WE REVIEWED THE TAPED COMMENTS , THE WORD COMPROMISE WAS USED, HOWEVER
YOU RECALL STATING IT THE WAY YOU SAID, I AM SURE SOME OF THE MEMBERS
DID USE THE WORD COMPROMISE , -MR. OLSON` I BELIEVE YOU DID FO R. ONE. THE
LAST QUESTION WE HAVE IS THAT APPROPRIATE EVERGREEN SCREENING AND SIDING
OF THE MOBILE HOME ARE TO BE COMMENCED BEFORE .JUNE 1ST. WE WOULD LIKE
TO KNOW WHY, WHAT MADE YOU PICK .JUNE 1ST . WHY NOT APRIL 1ST. WE FEEL
THAT SPRING IS AN APPROPRIATE TIME TO GET EVERGREEN SCREEN STARTED AND
BE WELL ESTABLISHED BY .JUNE 1ST. WHY START IT .JUNE 1ST. WHAT MADE YOU
PICK JUNE 1ST, AS A DATEjTHE SNOW WOULD BE GONE BY APRIL 1ST . WE WOULD
LIKE TO KNOW YOUR REASONING BEHIND THAT .
COUNCILMAN EISENHART- IT WAS JUST AN ARB11TRARY FIGURE. . .
COUNCILMAN MONAHAN- I THINK IT WAS A CASE OF NOT KNOWING WHAT THE
SPRING WEATHER WOULD BE LIKE.
COUNCILMAN EISENHART- IF WE SAID APRIL 1ST AND GOT A BLIZZARD. . . THAT WAS
THE ONLY REASON FOR IT.
COUNCILMAN MONAHAN- THE IDEA WAS GIVING THEM A TIME SCOPE IN WHICH THEY
COULD DO A GOOD JOB, WHICH WOULD BE A BENEFIT TO YOU PEOPLE .
DR. FINE-THE LAST THING ISM YOU DO NOT HAVE IN THIS LETTER} IT DOES
NOT SAY WHERE THE SHRUBS HAVE TO BE PLACED , IT DOES NOT SAY HOW HIGH 1
THEY HAVE TO BE , YOU ARE ALL FAMILIAR WITH THE SLOPE OF THE SAND ,
THAT IT IS GRADED THE TRAILER SITS UP ON IT. IF THE SHRUBS ARE PUT AT
THE BOTTOM OF THE GRADE IT CERTAINLY WILL NOT BLOCK THE TRAILER FROM
OUR VIEW , IF IT IS PUT AT THE TOP OF THE GRADE THE TRAILER SITS ON .CEMENT
BLOCKS IT IS RAISED OFF THE GROUND ON A FOUNDATION. WE WOULD LIKE TO
KNOW; IF , WE WERE TOLD BY PEOPLE THAT THEY WERE::GOING TO BE SIX FEET HIGH
BUT WE DO NOT HAVE THAT IN THE LETTER, IF THAT IS TRUE� WE WOULD LIKE
THAT IN WRITING.
SUPERVISOR WALTER- STEVE , DO YOU HAVE A COPY OF THE LETTER THAT WAS SENT
TO THE HALLS?
61
MR. LYNN- I WILL GO DOWN AND GET IT.
DR. FINE- I WILL GO ONTO ANOTHER POINT WHILE WE WAIT: : FOR THAT ONE.
WE TALKED ABOUT THE RIGHT OF WAY FROM HUMMINGBIRD TO THE TRAILER.4THAT
THERE WAS A STREET THEREjWE FELT THEY WERE USING IT AS ACCESS TO
HUMMINGBIRD AND MRS . HALL ASSURED US THAT IT WAS NOT GOING TO BE USED-
THAT IT WAS MUCH MORE CONVENIENT FOR THE PEOPLE THAT LIVE IN THE TRAILER
TO GO THROUGH THEIR PROPERTY OUT AND ROUND. THEREFOREJSINCE IT IS
MUCH MORF CONVENIENT FOR THEM TO DOy I WOULD LIKE TO -KNOW THE APPROPRIATE
MEASURES " FOR US TO GET SOME TYPE OF RAIL BARRIER PUT UP AT THE END OF
HUMMINGBIRD LANE WITH A DEAD END SIGN PUT ON IT , PERHAPS , SO THAT THERE
WILL BE NO MISUNDERSTANDING THAT, THAT CAN BE USED AS A RIGHT OF WAY.
THROUGH NO FAULT OF MRS. HALL WE HAVE SEES MOREY'S GARBAGE TRUCK USING
1 j GOING, PICKING UP THEIR
GARBAGE COMING RIGHT DOWN THAT SLOPE LAND AND
ONTO HUMMINGBIRD AND PICKING UP OUR GARBAGE. WE HAVE INFORMED HIM THAT
IS NOT A PUBLIC ROAD AND I DO NOT KNOW WHAT HE IS INTENDING TO DO ABOUT
IT. IT WAS OUR IMPRESSION THAT WAS NOT TO BE USED AS A -14ROUGHFARE.
COUNCILMAN EISENHART- I UNDERSTOOD THAT THERE WERE GOING TO BE TREES
PLANTED THERE , SO IT CANNOT BE A ROAD.
COUNCILMAN MONAHAN- THAT WAS MY UNDERSTANDING TO.
DR. FINE-. . THE WAY'THE LETTER WAS WRITTEN TO US IT JUST SAYS APPROPRIATE
EVERGREEN SCREENING, IT DOES NOT SPELL OUT WHAT IS APPROPRIATE , THREE
TREES , FIVE TREES.
COUNCILMAN EISENHART- IT IS ALMOST IMPOSSIBLE TO , WE COULD HAVE GOTTEN
DOWN TO THREE TREES WHICH MUST BE SIX FEET ONE INCH IN HEIGHT OR SOMETHING
BUT IT IS NOT AVAILABLE TO LAY OUTI'THOSE EXACT,THINGS- I THINK THAT YOU
WILL FIND THAT BY THE MIDDLE OF SUMMER YOU WILL NOT EVEN SEE THE PLACE.
DR.r_ EISENHART
DR. FINE- AND IF WE DO ,4COME BACK AND COMPLAIN TO US.
SUPERVISOR WALTER- I THINK THAT THE LETTER THAT MR. LYNN IS GOING TO GET
INDICATES THAVIE THESE THINGS ARE NOT DONEjTHE PERMIT COULD BE REVOKED.
THE LETTER SAYS THAT , I CANNOT REMEMBER EXACTLY WHAT] I WROTE THE WORDING
OF IT BUT TH$S IS WHAT THE BOARD EXPECTEDjTHIS IS WHAT THE CONDITIONS
WEREITHAT WE WOULD GO ALONG WITH OUR FIRST DETERMINATION AND THAT IF
THESE WERE NOT MET� THAT THE BOARD WOULD HAVE TO REVIEW THE SITUATION.
DR. FINE- IT ALSO MENTIONED THE SIDING, THE SIDING OF THE MOBILE HOME , I
WOULD LIKE TO KNOW WHAT WAS MEAVr BY THAT , IT WAS NOT CLEAR IN THIS LETTER
WHAT YOU MEAN OR WHAT IS GOING TO BE DONE AS FAR AS SIDING.
SUPERVISOR WALTER- THE APPLICATION , WELL MRS. HALL IS HERE
MRS. HALL- MY APPLICATION STATED BOARD AND BATTEN SIDING.
COUNCILMAN EISENHART- IS THERE A TIME LIMIT ON THAT; MRS . HALL TO PUT
THAT ON?
MRS. HALL- IN THE LETTER YOU GAVE US UNTIL .JUNE 1ST TO COMMENCE THE SIDING
ON THE WOODBURY SIDE , MAY I ALSO STATE] THAT I SAID IT WOULD BE AN
INCONVENIENCE FOR US TO USE HUMMINGBIRD LANE, THAT IS ALL I SAID.
COUNCILMAN OLSON- SHE IS NOT SAYING SHE IS NOT GOING TO USE IT , IT WOULD
BE AN INCONVENIENCE TO USE IT . WE CAN INVESTIGATE PUTTING A GUARDRAIL
ACROSS, IT.
COUNCILMAN MONAHAN- IT WAS MY UNDERSTANDING WE WERE REQUIRING PLANTING
ACROSS., THAT PART THEY WERE USING
SUPERVISOR WALTER- FOR THE BENEFIT OF THE PUBLICjTHE LETTER THAT WAS
SENT TO MRS. HALL THE TOWN BOARD HAS REVIEWED YOUR APPLICATION FOR
A MOBILE HOME PERMIT CONSIDERING FACTS LISTED ON YOUR APPLICATION AND
IFOSE PRESENTED BY RESIDENTS OF THE HUMMINGBIRD WHIPPOORWILL LANE NEIGHBOR-
HOOD. THE BOARD WILL STAND BY ITS DECISION TO GRANT YOU A PERMIT BASED
ON TWO CONDITIONS 1 . IN VIEW OF THE NECESSITY TO REMOVE SEVERAL BRANCHES
FROM A LARGE PINE TREE3IN ORDER TO INSTALL WATER AND POWER LINES A RATHER
LARGE OPENING WAS CREATED ALLOWING THE MOBILE HOME TO BE VISIBLE TO MANY
ADJOINING PROPERTY OWNERS . WE THEREFORE REQUEST THAT FIVE SIX FOOT HIGH
EVERGREENS OF YOUR CHOICE BE INSTALLED TO CREATE SCREEING ALONG YOUR PRO-
PERTY BORDERING HUMMINGBIRD LANE. 2 . AS YOU HAD INDICATED IN YOUR
APPLICATION FOR THE MOBILE HOME PERMIT THAT CERTAIN CONSTRUCTION AND SIDING
WOULD BE APPLIED TO THE MOBILE HOME IN THE FUTURE. THE TOWN BOARD WISHES
62
TO MAKE NOTE OF THAT AS A REQUIREMENT TO SUSTAIN VALID OCCUPANCY
PERMIT . THE BOARD MAKES THE STIPULATION THAT THE PLANTINGS COMMENCED
BE COMPLETED BY JUNE 1 1983 AND THAT THE SIDING BE COMMENCED ON THE
HUMMINGBIRD SIDE OF THE MOBILE HOME BY JUNE 1 , 1983. THE BOARD WILL
INSPECT THE SITE AT THAT TIME IF THE CONDITIONS HAVE NOT BEEN MET
THE PERMIT CAN BE REVOKED, ON THAT DATE. THANK YOU FOR YOUR COOPERATION
IN DEALING WITH A DIFFICULT SITUATION SHOULD YOU HAVE ANY QUESTIONS
CONTACT. . . qq EN
. . OURI LETTER AJUST SAYS HAPPROPRIATE ES �' �7NGEANDTSIDINGG OF, MOBILE
HOME ARE TO BE COMMENCED BEFORE JUNE 1ST . IT DOES NOT SAY THAT THE
EVERGREEN SCREENING WOULD BE COMPLETED BY JUNE 1ST . SO , THERE
IS A DISCREPANCY BETWEEN THE LETTER GIVEN TO MRS. HALL AND OUR LETTER. ]
SUPERVISOR WALTER- WELL I WROTE THE LETTERS , I DID NOT SIGN THAT DID
I , IT IS INITIALED I THINK THAT THERE IS A SENTANCE THAT IS LEFT OUT
OF THERE. THAT NOTE TO MR. URCH WAS TO READ THE SAME AS THIS AND A
SENTENCE WAS LEFT OUT AND I AM SORRY ABOUT THAT BUT I DID NOT SEE
THE LETTER WHEN IT WENT OUT.
DR. FINE-SO THE EVERGREEN SCREENING WILL BE FINISHED BY JUNE 1ST .
AND THE SIDING COMMENCED BY JUNE 1ST. WITH NO DATE FOR COMPLETION
OF THE SIDING.
SUPERVISOR WALTER- THE PLANTING BE COMPLETED BY JUNE 1ST. AND THE SIDING
BE COMMENCED ON THE HUMMINGBIRD LANE SIDE OF THE MOBILE HOME BY JUNE
1 ST. 1983 , I THINK THAT THE ORIGINAL APPLICATION WAS THAT IT WOULD BE
DONE BY 1984.
DR. FINE- WE HAVE NO DATE AS TO WHEN THE SIDING WOULD BE FINISHED.
SUPERVISOR WALTER- 1984 IS WHAT THE APPLICATION SAYS.
DR. FINE-THERE IS A YEAR TO PUT SIDING ON ONE SIDE OF THE MOBILE HOME?
SUPERVISOR WALTER- NO, SIDING ON THE WHOLE MOBILE , THE APPLICATION -
IS TO DO THE WHOLE MOBILE HOME-WHAT WE ARE REQUIRING FOR THE PERMIT
IS THAT THEY START ON THE HUMMINGBIRD SIDE AND THAT IT BE DONE THIS
YEAR NOl IN 1984 .
COUNCILMAN MONAHAN- SO THAT YOU WILL BE LOOKING AT WOOD SIDING THIS
COMING SUMMER.
DR. FINE- I DOUBT THAT , THAT LETTER SAYS THAT , I UNDERSTAND WHAT YOU
ARE SAYING BUT I AM NOT SURE YOU SAID THAT. . . YOU SAID COMMENCED THE
SIDING ON JUNE 1ST.BUT COMMENCED DOES NOT MEAN FINISHED.
SUPERVISOR WALTER-I HAVE TALKED WITH MRS . HALL I DO NOT THINK SHE IS
GOING TO PUT JUST ONE BOARD ON JUST TO COMPLY WITH THE LETTER., I REALLY
DO NOT THINK SO. . . . I THINK WE SHOULD TALK WITH THE TOWN ATTORNEY ABOUT
BECAUSE PEOPLE WHO ARE ON X- ROAD AND ENTER ONTO A ROAD THE SAME AS YOUR
DRIVEWAY ENTERS ONTO A ROADjI DO NOT KNOW WHETHER THE TOWN CAN BLOCK IT
OFF-THEY PROBABLY HAVE EVERY RIGHT TO USE THAT ROAD AS A DRIVEWAY ALTHOUGH
THE PERMIT INDICATES THAT THEY WILL BE COMING FROM BENNETT ROAD.
DR. FINE- I BELIEVE THAT PART OF THE. . .
SUPERVISOR WALTER - THERE IS NOTHING TO PREVENT THE NEIGHBORS THERE
FROM PUTTING A FENCE UP
DR. FINE- YES , THERE ISj WE DO NOT OWN THE PROPERTY WHERE THE ROAD
ENDS , THE TOWN DOES OR MR. WOODBURY DOES , WE DO NOT OWN IT
-.SUPERVISOR WALTER- MR. HALL OWNS IT
DR. FINE- BETWEEN WHERE HIS PROPERTY ENDS AND THE ROAD ENDS WHO
OWNES THE ROAD, THE TOWN DOES , THE ROAD ENDS AND MR. HALL 'S PROPERTY
BEGINS , WE CANNOT PUT UP A FENCE BECAUSE WE WOULD BE PUTTING IT UP ON
DOWN PROPERTY , WE CERTAINLY CANNOT PUT IT UP ON MR. HALL 'S PROPERTY . ,
SO THAT IS WHY WE ARE ASKING THE TOWN TO GIVE US A BARRIER, I WOULD
PUT UP THE BARRIER BUT I CANNOT DO THAT, IT IS NOT COY PROPERTY-.
COUNCILMAN MONAHAN- I DO NOT BELIEVE THAT APPLICATION SHOW® ANY ENTRANCE
ONTO HUMMINGBIRD ILEANE
63
COUNCILMAN OLSON- IF THERE IS AN ENTRANCE AND IT IS BEING USED AS
A DRIVEWAY THEN . . .
COUNCILMAN MONAHAN- BUT , THERE WAS NOT ONE UNTIL THEY CREATED IT.
SUPERVISOR WALTER-NO , THAT IS NOT TRUE , THAT OPENING HAS BEEN THERE
FOR QUITE SOME TIME- IT WAS NOT A PART OF THE OPENING CREATED FOR THE
MOBILE HOME . WHAT YOU ARE TALKING ABOUT HAS BEEN AN OPEN SPACE WITH
BRUSH THERE.
DR. FINE- I DISAGREE THERE HAS BEEN BRUSH THERE , BRUSH THREEJFOUR FEET
BRUSH
f
j SUPERVISOR WALTER- HAS THERE BEEN TREES?
DR. FINE-No , BRUSH IT COULD NOT HAVE BEEN USED, YOU COULD NOT TAKE
A CAR DOWN THROUGH ALL THE BRUSH THAT WAS THERE , ALL THE BRUSH WAS
CLEARED OUT. THERE WERE NO TWENTYFIVE FOOT, FIFTY FOOT PINE TREES
BLOCKING A CAR COMING DOWN BUT IT WAS CERTAINLY NOT EASILY ACCESSIBLE
To THE PROPERTY UNLESS YOU HAD A FOUR WHEEL DRIVE. OUR POINT ISaTHAT
DR. EISENHART AT THE LAST MEETING SAID IT HIMSELF� THAT BASED ON THE
WAY THE PLAN WAS PRESENTEDjBASED ON THEIR EXPLANATION THEY WOULD NOT
USE HUMMINGBIRD LANEOTHAT WAS WHY THE BOARD MEMBERS APPROVED THE PERMIT
THE WAY IT WAS STATED. NOW , YOU ARE BACKING OFF WHAT YOU SAID-IT HAS
BEEN ADMITTED THAT HE MADE A DECISION ON FAULTY INFORMATION , BUT HE IS
STANDING BY HIS DECISION.
COUNCILMAN EISENHART- I ERE_ED IN MY INTREPRETATION OF THE ' INFORMATION
SUPERVISOR WALTER- HE CANNOT PENALIZE SOMEONE IF HE MADE A DECISION
DR. FINE- NOW YOU ARE GOING BACK AGAIN AND SAYING, WELL,, WE THOUGHT THEY
WERE- NOT GOING TO USE HUMMINGBIRD LANE BUT WE CANNOT STOP THEM FROM
USING HUMMINGBIRD LANE BECAUSE THE PROPERTY IS THERE , SO YOU ARE GOING
BACKWARDS AGAIN AND WE JUST FIND THAT THESE ARE JUST BACKWARDS , HINDSIGHT
STEPS, WE WOULD HAVE LIKEDTO SEE THE BOARD HAVE A LITTLE MORE FORESIGHT
AND A LITTLE LESS HINDSIGHT. IT WAS AN UNFORTUNATE SITUATION THAT HAPPENEC
j I BUT WE DO NOT SEE IT AS I SEE THE TOWN N;OARD JUST TRYING TO SQUEEK THROUGH
�G HERE.
SUPERVISOR WALTER- I DISAGREE WITH YOU DR. BECAUSE WHAT YOU HAVE , YOU
STARTED OUT YOUR PRESENTATION THIS EVENING WAS THAT YOU WANTED THE
TRAILER REMOVED.
DR. FINE- WE SAID THAT IN OUR LETTER WE WANTED THE TRAILER REMOVED.
SUPERVISOR WALTER- YOU DO NOT WANT A TRAILER THERE .
DR. FINE- WE DO NOT , HOWEVER WE DID STATE AT THE LAST MEETING.
SUPERVISOR WALTER- THE BOARD HAS INDICATED THAT THEY HAVE NO PROBLEM
WITH A TRAILER THERE AND THAT THE TRAILER WOULD REMAIN THERE BUT WE
WOULD MAKE CERTAIN STIPULATIONS THAT WE WOULD NOT ORDINARILY DO BECAUSE
OF THE OBJECTIONS TO THE PEOPLE IN THAT NEIGHBORHOODjSO THAT IS WHERE
THE COMPROMISE COMES IN.
DR . FINE THE BOARD HAS SAID THEY HAVE NO PROBLEMS WITH THE TRAILER
THERE BASED UPON CERTAIN STIPULATIONS, THE CERTAIN STIPULATIONS WERE
THAT THERE WERE APPROPRIATE AMOUNT OF COVER, YOU JUST LEFT THAT OUT
OF YOUR STATEMENT , YOU SAID THE BOARD HAD NO PROBLEM WITH THE TRAILER
PERIODjTHERE WAS A COMMA THEREpTHE COMMA WAS THAT APPROPRIATE SCREENING
FROM THE RESIDENTS OF HUMMINGBIRD LANE. MR. MORRELL WENT DOWN AND
VIEWED THE SITE� OTHER BOARD MEMBERS SAID THEY WENT DOWN AND VIEWED THE SITE
AND THOUGHT THE TRAILER WAS GOING TO BE IN SUCH A LOCATION THAT IT WOULD
BE SCREENED 7FROP CJUR,
SUPERVISOR WALTER- IT WOULD HAVE BEEN HAD THEY NOT REMOVED THOSE BRANCHES
WHICH THAT IS HINDSIGHT , THAT':REALLY SHOULD NOT HAVE BEEN DONE BECAUSE
YOU WOULD NOT HAVE SEEN THE CORNER OF THAT] HAD THEY NOT REMOVED, THEY
WERE FRESHLY CUT BRANCHES FROM THE LARGE PINE TREES THERE TO GET THE
EQUIPMENT IN TO PUT WATER AND POWER AND THAT IS WHEN THE BOARD LOOKED
AT THE APPLICATION BEFORE THE PUBLIC HEARING ON THE APPLICATION THEY
WERE LOOKING AT THOSE TREES WITH ALL THE BRANCHES AND WHAT HAPPENOAFTER
THAT WAS) THAT THE BRANCHES WERE REMOVEDJSO THAT IS WHAT WE ARE SAYING
IS THAT , WE WERE LOOKING AT SCREENING FROM THE NEIGHBORHOOD THERE; :IS
NO QUESTION ABOUT IT. THAT IS WHAT THE STIPULATION IN THE LETTER IS
64
THAT THEY MUST PUT BACK WHAT THEY HAVE TAKEN AWAY , AND WHY AND HOW THEY
ARE GOING TO DO IT, WITH FIVE SIX FOOT EVERGREENS, OF THEIR CHOICE
AND IT WAS STIPULATED THAT IT WAS TO BE EVERGREENSOTHAT THEY WOULD
NOT BE DESIGIOUS TREES WHERE AT SOME POINT OF THE YEAR THE SCREENING
WOULD NOT BE THERE ANYMORE.
DR. FINE- I CAN .ONLY SPEAK NOW AS A RESIDENT OF HUMMINGBIRD LANE
IN SAYING THAT I DISAGREE WITH COMPROMISE USED BY THE TOWN BOARD AND
MRS. HALL AND THAT IS ALL I HAVE TO SAY, THAT I DISAGREE WITH THE
WAY IT WAS DONE .
SUPERVISOR WALTER- I CAN UNDERSTAND YOUR . .
MR. URCH- I JUST WANT TO ADD YOU DID SAY BY SUMMER WE WILL NOT SEE
THE TRAILER.
SUPERVISOR WALTER- THAT IS WHAT WE HAVE INDICATED TO MRS. HALL ,
WE DID NOT WANT THE PEOPLE IN THE NEIGHBORHOOD TO SEE THE TRAILER
BECAUSE THEY HAD OBJECTIONS TO SEEING A TRAILERjSO LETS NOT LET
IT BE= SEEN .
MR. URCH- BY SUMMER WE WILL NOT SEE IT RIGHT?
SUPERVISOR WALTER- THAT IS WHAT THIS BOARD BY MAKING THESE STIPULATIONS
HAS SAID TO MRS. HALL , ISN ' T THAT RIGHT MRS . HALL? WE HAVE ASKED YOU
TO PUT THESE IN SO THE RESIDENTS , SO THAT THE MOBILE HOME WOULD BE
SCREENED FROM THE RESIDENTS IN THE NEIGHBORHOOD.
MRS. HALL- I THINK WE SHOULD GET A LEGAL DEFINITION OF SUMMER WE WILL
NOT SEES I AM TRING NFULLY HARD TO BITE MY TONGUE , WE TOOK DOWN ABOUT
EIGHT MID SIZE BRANCHES WHICH I DO NOT THINK WOULD HAVE SCREENED THE
TRAILER COMPLETELY , WE ARE GOING TO BRING IN FIVE EVERGREENS , WE ARE
GOING TO PUT SIDING ON AND IF I AM TO PRESUME TO SPEAK FOR DR. EISENHART
I THINK HE SAID HE MADE JUDGEMENT BASED ON FAULTY " INTREPRETATION NOT
FAULTY INFORMATIONJI WOULD LIKE THAT POINT CLARIFIED.
COUNCILMAN EISENHART-THAT WAS MY INTENTION TO STATE THAT YES .
MRS. HALL- I THINK THAT THE BOARD FINALLY APPROVED OUR APPLICATION
BECAUSE OUR APPLICATION WAS INTREPRETED AS PRESENTED AND I THINK
IT WAS INTREPRETED CORRECTLY. I AM GOING TO HAVE TO AD-D THAT I, AM
AVFULLY GLAD THAT IT DID NOT HAPPEN YEARS AGO BECAUSE AS I UNDERSTAND
IT , NO I DO 190T THINK I WILL SAY IT. . .
COUNCILMAN MORRELL- PAUL THERE IS NO WAY THAT YOU CAN BLOCK OFFTHE
END OF A TOWN ROAD THAT ADJOINS ONTO A PIECE OF PRIVATE PROPERTY , IS
THAT CORRECT?
COUNCILMAN MONAHAN- I THINK WE NEED JOE .
MRS. HALL- I FORGOT ONE POINT I WOULD LIKE TO MAKE , WE PUT A FENCE
ACROSS THAT OPENING BECAUSE PEOPLE WERE COMING FROM HUMMINGBIRD LANE
ONTO OUR PROPERTY , THAT OPENING HAS ALWAYS BEEN THERE AND I HAVE A MAN
WHO IS WILLING TO GIVE A SWORN STATEMENT THAT IT WAS NOT CLEARED OF
BRUSH OR TREES.
COUNCILMAN EISENHART- HOW ABOUT PUTTING THE FENCE BACK?
MRS. HALL- IT WAS JUST A FENCE SO NO ONE COULD GO THROUGH iNOT A FENCE
THAT YOU COULD NOT SEE THROUGH.
COUNCILMAN EISENHART- THAT IS WHAT I AM TALKING ABOUT.
MRS. HALL- I DO NOT KNOW. I AM AGREEING TO THINGS THAT HAVE BEEN
STIPULATED SINCE WE HAVE APPLIED FOR THIS PERMIT AND RECEIVED PERMISS-
ION TO GO AHEADjHOW LONG WILL THIS GO ON?
VIRGINIA HALL-LAST MEETING TWO WEEKS AGO I HEARD MOST OF THE BOARD MEMBERS
SAY THEY WERE MISLEAD+I WOULD LIKE THEM NOW TO SAY THEY MISJUDGED-
THEY WERE NOT MISLEADtTHE PRESENTATIONS AS PRESENTED WAS ACCURATE) THE
TRAILER WAS PLACED WHERE IT WAS MARKED.
COUNCILMAN MONAHAN- I STILL HAVE -SOME QUAMS ABOUTTHAT ORIGINAL DRAWING.
COUNCILMAN EISENHART- I HAVE SOME QUAMS , THEY DID' T EVEN PUT HUMMINGBIRD
LANE ON'' IT.
65
MRS. HALL-HUMMINGBIRD AND ROBIN WERE CLEARLY MARKED.
COUNCILMAN MONAHAN- I HAVE SOME QUAMS ABOUT THE POSITION.
MRS . HALL-YOU ARE GETTING AFULLY CLOSE TO QUESTIONING MY INTE RITY
AND I . ALREADY TOLD MRS . WALTER I GET BOILING MAD- WHEN MY INTEIGRIITY
IS QUESTIONED.
COUNCII.MAN EISENHART- YOU SCARE ME TO DEATH. . . (MAP SHOWN-)
COUNCILMAN MORRELL- THE APPLICATIONjTHE PAPER SAID BENNETT ROAD.
MRS . HALL- I CAN GET A COPY OF THE APPLICATION-IT. SAYS PROPERTY AT
1..: THE END OF BENNETT ROAD, THAT IS WHERE I LIVE .
COUNCILMAN OLSON-SO MUCH OF THE DISCUSSION CENTERED AROUND THE FACT
THAT CONSIDERATION FOR THE DRIVEWAY WAS COMING OFF BENNETT.
MRS. HALL- SOME OF YOU FOUND WHERE THE DRIVEWAY SOME OF YOU, CONTINUED
TO USE MY DRIVEWAY.
MRS LABOMBARD- AS FAR AS THE DRIVEWAY IS CONCERNED OFF HU Ggg D
ONE OF THE REASONS THAT WE WANTED TO LIVE ON HUMMINGBIRD N� o SA � L.DREN
THE FACT THAT IT WAS A DEAD END. MRS . HALL IS CORRECT IN SAYING, WHEN
WE FIRST LIVED THERE , THERE WERE PEOPLE SHE SAID FROM HUMMINGBIRD LANE
THAT WENT THROUGH HER FENCE, WE WERE THE FIRST ONES ON THE STREET FOR
A YEAR BEFORE ANOTHER HOUSE WAS BUILT AND THE MOTOR CYCLES THAT WENT
AROUND THAT DIRT ROAD, HUMMINGBIRD LANE WAS NOT PAVED AT THE TIME ,
THEY WOULD GO UP AROUND THROUGH THE FENCE I KNOW THE MOTORCYCLES
RAN THE FENCE OVER AND I CALLED THE POLICE DEPT. EN-NUMERABLE TIMES
COMPLAINING BECAUSE A MOTOR CYCLE ALMOST RAN OVER MY SSN'' WHEN THE
ROAD WAS PAVED AND THAT IS WHY MRS . WALTERjI CALLED YOU A LOT OVER THE
PAST TWO 'YEARS TO HAVE THE ROAD PAVED, AS SOON AS THE ROAD WAS PAVED
AND MORE HOUSES WERE BUILT ON THE STREET THE MOTORCYCLES ARE GONE. HOWEVER
WHEN YOU THINK YOU LIVE ON A DEAD END STREET AND YOU TURNAROUND AND
THERE IS A TEN TONil GARBAGE • TRUCK RIGHT THERE AND YOU DID NOT SEE THEM
COME UP THE STREET.- YOU WONDER HOW IN THE WORLD HE GOT THERE. MY CHILDREN
AND THE OTHER EIGHT CHILDREN ON THE STREET AREN 'T REALLY USEPTO HAVING
BIG VEHICLES COMING FROM THE WEST,, EXCEPT MAYBE THE NEIGHBOR CARSISO NOW
WE ARE GETTING THE TRAFFIC COMING FROM THE OTHER DIRECTION , I AGREE
IT WAS NICE WHEN THAT FENCE WAS THERE , I DO NOT KNOW WHO DESTROYED
THE FENCE I SYMPATHIZE WITH HERjI WISH IT WERE BACK THERE BUT SOME-
THING MUST BE DONE ABOUT THE THROUGHFARE THAT HAS BEEN CREATED.
SUPERVISOR WALTER- WHAT YOU ARE SAYING THENjWITH THE GARBAGE TRUCK
IT WAS USING THAT AS A THROUGH STREET FROM ANOTHER STREET.
MRS . LABOMBARD-I ASKED HIM PERSONALLY ON THURSDAY _ I SAID
DID YOU COME UP HUMMINGBIRD LANE? HE SAID, OH NO+ I EMPTY THE HALLS BIN]
WHY SHOULD I GO OUT AROUND AVIATION ROADjOUT BENNETT RD. AND AROUND
AVIATION AND OUT MT. VIEW AND UP WHIPPOORWILL AND ALL OVER TO GET TO
YOUR HOUSEjI CAN JUST COME THROUGH THE WOODS MRS. LABOMBARD4 AND I SAID
-IT &ERTAINLY ISN'T YOUR FAULT] YOU DID NOT KNOW THAT THIS IS NOT SUPPnSED
TO BE USED AS A ROAD. I SAID IT IS SURPRISING TO SEE A GARBAGE TRUCK
COME OUT OF NOWHERE WHEN YOU ARE NOT USED TO HAVING TRAFFIC COMING FROM
THAT DIRECTION. I FEEL VERY STRONGLY THAT IT IS A HAZARD. . .
COUNCILMAN OLSON- LET US INVESTIGATE , HUMMINGBIRD IS A TOWN ROAD THE
TOWN DOES OWN A RIGHT OF WAY ALONG SIDE OF HUMMINGBIRD WHERE THE WATER
MAINS ARE , THEN THE HALL PROPERTY WOULD START WEST OF THAT PROPERTY —
-- SO GIVE US SOME TIME TO RESEARCH THE LAW AND SEE WHAT WE COULD DO ABOUT
IT. THE PROPERTY THAT BORDERS HUMMINGBIRD DOES NOT COME DOWN TO HUMMING-
BIRD LANE-THE TOWN OF QUEENSBURY DOES OWN A RIGHT OF WAY WHERE THE WATER
WAS PUT IN. WHEN A PERSON BUILDS A HOUSE OR A DRIVEWAY THEY HAVE TO
COME TO THE HIGHWAY DEPT. AND GET A PERMIT FOR A DRIVEWAY AND GET A PERMIT
FOR = A CULVERT AS AN ACCESS TO GET UNTO A TOWN ROAD. I THINK IT IS A
REASONABLE REQUEST OF THE PEOPLE-I DO NOT KNOW IF THERE IS ANYTHING WE
CAN DO TO BE HONEST WITH YOU, WE CAN LOOK INTO IT, THE LEGAL PART.
MRS. LABOMDARD- YOU DON'T KNOW IF THERE IS ANYTHING YOU CAN DO-THIS IS ONE
POINT MY HUSBAND JACK LABOMBARD AND I HAVE TFROUGHCY . ' DISCUSSED BETWEEN
THE TWO OF US TODAY. THERE WERE FIFTY PLUS SIGNATURES ON THE LETTER
WE WROTE TO YOU WITH ALL THE PARAPHERNALIA INVOLVING OUR PROBLEM WITH
THE TRAILER. I KNOW FROM MRS. WALTER' S SECRETARY WHO QUOTED Ty MEj THAT
MRS. WALTER, MRS. LABOMBARD WILL INDEED FIND A SOLUTIONS QUOTE TO YOUR
PROBLEM. WELL THE SOLUTION HAS TURNED INTO A COMPROMISE WHICH HAS BENEFITED
66
TO MY JUDGEMENT AND TO THE JUDGEMENT OF THE OTHER FORTY EIGHT PEOPLE
THE PEOPLE WHO SIGNED THAT LETTER- IT HAS BENEFITED ONE PARTY-YOU HAVE
THOUGHT NOTHING ABOUT LOWERING THE VALUE OF OUR PROPERTY TEN-THOUSAND
DOLLARS AT LEAST BY PUTTING THAT TRAILER THERE . I.-KNOW FOR A FACT
THAT IF I PUT MY HOUSE UP ON THE MARKET TOMORROW AND SOMEBODY CAME UP
TO LOOK AT IT7AND YOU ARE GOING TO HAVE TO PLANT A HECK OF A LOT OF
TREES TO BLOCK THAT TRAILER FROM VIEW] ESPECIALLY FROM MR. URCHESf
IN HIS UPSTAIRS PICTURE WINDOW IN HIS LIVINOOOM. WHEN THAT PARTY
COMES UP TO LOOK AT MY HOME, MY HOME ON HELEN DR. WOULD BE WORTH
A HECK OF A LOT MORE THAN IT I'S ON HUMMINGBIRD LANE RIGHT NOW. I
AM NOT BEING PRESUMPTUOUS,, THIS IS TRUE, FACT) COMMON SENSE. THEY
ARE GOING TO SAYjGEEjI CAN BUY THE SAME HOME OVER ON HELEN DR. OR
HEINRICK CIRCLE WITHOUT TRAILERS AT THE END OF THE STREET-WHY DONtl
I JUST LIVE OVER THERE, UNLESS) MRS. LABOMBARDjYOU COME DOWN TEN
THOUSAND DOLLARS ON YOUR PRICEjTHEN MAYBE I CAN STOMACH THE TRAILER.
I ALSO KNOW THE FINES WHO PURCHASED THEIR HOME IN MARCH AND I KNOW
FROM MRS. FINE , IF I WENT UP THIS STREET TODAY TO LOOK AT THE HOME
THAT I BOUGHT AND I SAW THAT TRAILERS I WOULD NOT EVEN GO INSIDE THE
HOUSE. YOUR HOME IS YOUR BIGGEST INVESTMENT THAT YOU ARE GOING TO
MAKE IN YOUR LIFETIME AND YOU PEOPLE ON THE TOWN BOARD IN MY OPINION
HAVE THOUGHT NOTHING ABOUT OUR INVESTMENT , HAVE THOUGHT NOTHING ABOUT
SOME OF US WHO ARE PAYING 17% INTEREST RATES OR THE TAXES THAT WE PAY
TO THE TOWN OF n.UEENSBURYI BECAUSE WE THINK THAT THE TOWN OF QUEENSBURY
IS A VERY NICE PLACE TO LIVEJYOU HAVE REALLY CONSIDERED ONLY ONE PARTY
AND HAVE FORGOTTEN THE REST OF US.
MR. ARTHUR TURNBULL-NOTED THAT THERE IS A LOT OF MISUSE OF THE HANDICAPPED
PARKING, REQUESTED THAT THE PARKIN18 SITUATION BE LOOKED INTO TO SAFEGUARD
OUR SENIOR CITIZENS AND THE HANDICAPPED. . .
MR. JOE DAIRE- REQUESTED THAT AN ORDINANCE BE MADE FOR HANDICAPPED
PARKING AREA. . .
SUPERVISOR WALTER- ASKED IF ANYONE ELSE WISHES TO SPEAK. . .NO ONE SPOKE . . .
RESOLUTION TO APPROVE SPECIAL AUDIT OF BILLS
RESOLUTION NO . 404 , INTRODUCED BY MR. DANIEL MORRELL WHO MOVED
FOR ITS ADOPTION , SECONDED BY DR. CHARLES EISENHART : IJ
RESOLVED , THAT ABS-RACT N0 . 82-12E AND NUMBERED 2353 THOUGH 2467
AND TOTALING $97 , 727. 91 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 AJOURiIED.
RESPECTFULLY SUBMITTED ,
DONALD A. CHASE , TOWN CLERK