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1983-05-10 161 TOWN BOARD MEETING MAY 10 , 1983 TOWN BOARD MEMBERS MRS. FRANCES WALTER-SUPERVISOR MR. DANIEL OLSON-COUNCILMAN DR. CHARLES EISENHART-COUNCILMAN MR. DANIEL MORRELL-COUNCILMAN MRS. BETTY MONAHAN-COUNCILMAN MR. WILSON MATHIAS-TOWN COUNSEL PRESS : G. F. POST STAR , WBZA TOWN OFFICIALS : MR. PAUL NAYLOR , MR. CORNWELL , MR. LYNN , MR. DEAN GUESTS : MR. DAIRE , MR. TURNBULL , MR. MARK NEWTON AND FAMILY MEETING OPENED 7 : 36 P. M. PUBLIC HEARING- MOBILE HOME APPLICATION OF DONALD AND .LANE PELTIER OF CORINTH RD. TO LOCATE A MOBILE HOME ON CORINTH ROAD. . . MR. AND MRS. PELTIER WERE PRESENT NOTICE SHOWN SUPERVISOR WALTER- ASKED FOR ANYONE INTERESTED IN THE APPLICATION TO NOW SPEAK . .NO ONE SPOKE COUNCILMAN EISENHART- QUESTIONED THE AGE OF THE MOBILE HOME 1969 . . . COUNCILMAN OLSON- NOTED THAT THE PEOPLE HAD PURCHASED THE MOBILE HOME AND WERE NOT AWARE OF ANY PERMIT BEING NEEDED. . . MR. LYNN- THE MOBILE HOME WAS ON THE PROPERTY UNDER THE PERMIT OF ANOTHER OWNER. . . NOTED THAT WE ARE NOT PLACING A -MOBILE HOME JUST TRANSFERING TITLE , IF THEY WERE PLACING A MOBILE HOME ON THE PROPERTYjTHEN THEY WOULD HAVE TO COMPLY WITH THE 1974 STANDARD SET BY THE TOWN. . . 4 CV UNCILMAN OLSON- IF THE ORIGINAL PEOPLE HAD STAYED THERE WE WOULD NOT HAKE THE APPLICATION BEFORE US . MR. PELTIER- NOTED THAT THE RESIDENCE HAD TWO DOORS GOING OUT THEFRONT AND ONE OUT THE BACK . SUPERVISOR WALTER- THE CONCERN THAT THE BOARD HAS WITH AN OLDER MODEL THAN A 1974) HAS TO DO WITH THE STANDARDS THAT WERE REQUIRED AND THEY ARE REALLY SAFETY FEATURES AND I THINK THAT IS THE REASON THERE ARE SOME QUESTIONS HERE. ASKED FOR INPUT FROM THE PUBLIC , HEARING NONE THE PUBLIC HEARING WAS CLOSED 7 :41 P. M. RECESSED AS TOWN QJARD AND CONVENED AS THE QUEENSBURY BOARD OF HEALTH LTR. APRIL 25 , 1983 TOWN BOARD TOWN OF QUEENSBURY BAY ROAD GLENS FALLS , NEW YORK 12801 RE : HOMER ECKERSON RD2 OGDEN ROAD GLENS FALLS , N .Y. 12801 DEAR BOARD MEMBERS : LAST YEAR AT THIS TIME I WROTE CONCERNING MR. ECKERSON 's APPALLING LIVING CONDITIONS ON OGDEN ROAD. OVER THE WINTER ME LIVED ELSEWHERE BUT NOW HAS RETURNED TO HIS TRAILER. THIS TRAILER WAS UNINHABITABLE LAST SPRING AND NOW IS IN WORSE SHAPE. MR. ECKERSON HAS NOT AGREED TO ANY OF THE ALTERNATIVES TO LIVING IN HIS TRAILER WHICH HAVE BEEN SUGGESTED BY MR. LAPHAM OF SOCIAL SERVICES. 162 I RECOMMEND THAT THE BOARD DECLARE THIS TRAILER UNFIT FOR HUMAN HABITATION ; NOT ONLY IS IT UNSAFE FOR MR. ECKERSON BUT ALSO A HEALTH HAZARD FOR THE NEIGHBORHOOD. THANK YOU FOR YOUR ATTENTION TO THIS MATTER. SINCERELY , /S/ JGD : JDH JOHN G. DIER, M. D. HEALTH OFFICER DISCUSSION HELD- SUPERVISOR WALTER ASKED THAT THE BOARD SET A PUBLIC HEARING AND DECLARE-_THIS A HEALTH HAZARD. . . COUNCILMAN MORRELL- IS HE HURTING PEOPLE? COUNCILMAN OLSON- IT IS A PITIFUL SITUATION-A YEAR AGO LAST WINTER I VISITED THE SITE WITH A PUBLIC HEALTH NURSE-.AT THAT TIME THERE WAS NO ELECTRICITY AND VERY LITTLE HEAT , NO REFRIGERATION , NO RUNNING WATER, WE ATTEMPTED TO REMOVE HIM FROM THERE TO LIVE SOME PLACE ELSE AND HE WOULD NOT LEAVE. SUPERVISOR WALTER- MR. ECKERSON WILL HAVE TO BE NOTIFIED AND I AM SURE SOCIAL SERVICES WILL WORK WITH HIM'" . . . AS I HAVE SPOKEN TO MR. LAPHAMJTHERE WILL BE A HOME FOUND FOR MR. ECKERSON . . .NOTED THAT THE DEBRIS THAT WAS REMOVED LAST YEAR IS MOUNTING UP AGAIN AND THAT IS PART OF WHAT CONSTITUTES A HEALTH HAZARD. COUNCILMAN MORRELL-IF HE LIVED UP IN THE ADIRONDACKS LIKE ADIRONDACK SAM THEY WOULD HAVE HIM -EULQGIZS) AND IN THE ADIRONDACK MUSEUM AT BLUE MT. LAKE. . . COUNCILMAN MONAHAN- I DO NOT THINK YOU WOULD SAY THAT DAN AFTER YOU SEE THE CONDITION IT IS IN NOW. . . COUNCILMAN MORRELL- I SAW IT LAST YEAR- HERE IS A MAN WHO WE ARE BUTTING IN AN TRYING TO FORCE HIM TO CHANGE WHAT HE WANTS TO DOjHE IS ON IN HIS YEARS AND BAD AS IT IS� THAT IS ALL HE KNOWS AND EVIDENTLY THAT IS WHAT HE WANTS . HE OWNS THE LAND DOESN 'T HE? COUNCILMAN OLSON- HE PAYS THE TAXES . . . 000NCILMAN MONAHAN HE ONLY HAS A PIECE OF THE TRAILER LEFT TO LIVE IN . . . . SUPERVISOR WALTER- WHAT WE ARE CONCERNED ABOUT IS THE FACT THAT THERE IS GARBAGE, THERE ARE RATS BEING BROUGHT INTO THE NEIGHBORHOOD , THERE ARE HOMES ON EITHER SIDE OF HIM AND ACROSS THE STREET, HE IS NOT LIVING IN THE HILLS WHERE IT DOESN ' T BOTHER OTHER PEOPLE . COUNCILMAN MORRELL-WAS HE THERE FIRST? SUPERVISOR WALTER-THE LAND BELONGED TO HIS FAMILY IT MAY STILL BELONG TO HIS FAMILY. . . THE HOUSING UNIT THAT WE ARE TALKING ABOUT NOW AND WHAT HE IS LIVING IN WAS ASBAD AS . , IN FEBRUARY THERE WAS A FIRE AND THE ROOF CAVED IN , DON 'T QUOTE ME ON THE DATE , THERE IS NOT ANY STRUCTURE. COUNCILMAN MORRELL- I CAN SEE THAT , BUT SUPERVISOR WALTER- OUR CONCERN IS FOR THE NEIGHBORHOOD AS WELL AS FOR MR. ECKERSON , I FEEL A LOT LIKE YOU DO AND I THINK WHEN BETTY AND I DROVE OVER THERE OUR CONVERSATION IN THE CAR WASJWE DO NOT CARE TO BUTrIN ON PEOPLE 'S BUSINESS AND HOW THEY WANT TO LIVE AND THEIR LIFESTYLES BUT AFTER PULLING UP AND SEEING THE SO CALLED DWELLING., AND NOTING THE YARD AND JUST WHAT HE IS LIVING WITH) WE SURE CHANGED OUR POINT OF THINKING. I THINK IT WOULD BE WORTH THE BOARD TO GO OUT THERE AND LOOK AT IT , AND CONTRACT THE SOCIAL SERVICES . RESOLUTION TO SET PUBLIC HEARING RESOLUTION NO . 2 OF 1983 WHEREAS , THE QUEENSBURY BOARD OF HEALTH HAS RECEIVED A LETTER FROM DR. DIER REQUESTING THAT THE BOARD OF HEALTH DECLARE THE TRAILER OF MR. ECKERSON OF OGDEN RD UNFIT FOR HUMAN HABITATION AND j WHEREAS , THE TOWN BOARD DOES AT THIS TIME DECLARE THE TRAILER OF MR. HOMER ECKERSON OF ODGEN ROAD UNFIT FOR HUMAN HABITATION AND A HEALTH HAZARD , NOW .THEREFORE BE IT RESOLVED, THAT THE _bWN BOARD OF THE TOWN OF QUEENSBURY AS THE QUEENSBURY BOARD OF HEALTH WILL HOLD A PUBLIC HEARING ON THIS HEALTH. HAZARD ON MAY 24TH 1983 AT 7 : 3Q P. M. AT THE OUEENSBURY TOWN OFFICE BUILDING, BAY AND HAVIL:AND RDS. GLENS FALLS , N.Y. 12801 . DULY ADOPTED BY THE FOLLOWING VOTE : AYES : MR. OLSON , DR. BESENHART , MR. MORRELL , MRS , MONAHAN , MRS. WALTER NOES : NONE ABSENT : NONE 163 ON A MOTION MADE BY DR. EISENHART AND SECONDED BY MRS. MONAHAN THE BOARD OF HEALTH ADJOURNED. QUEENSBURY TOWN BOARD RECONVENED SUPERVISOR WALTER- GREETED MR. MIKE NEWTON AND FAMILY , HE HAS BEEN THE GUEST OF OUR HIGHWAY SUPT. MR. NAYLOR AND HE HAS BEEN DOING Al. LOT OF GOOD WORK . . . MR. NAYLOR-MIKE HAS BEEN WORKING TOWARD EAGLE SCOUT AND HE RECRUITED OTHER SCOUTS AND THEY CLEANED THE HALFWAY BROOK AND TOOK TWO DUMP TRUCK LOADS OUT OF THERE, WE ARE VERY PROUD OF HIM . . . THANK YOU MIKE. COUNCILMAN MONAHAN- I THINK THAT THE WHOLE TOWN IS PROUD OF MIKE I WAS DELIGHTED WHEN I SAW THAT IN THE PAPER , I WISH WE HAD MORE CITIZENS THAT WOULD TAKE SOME OF THESE THINGS UPON THEMSELVES , HE HAS MADE A MARVELOUS EXAMPLE . SUPERVISOR WALTER- ON BEHALF OF THE TOWN 90ARD AND THE RESIDENTS OF THE TOWN OF QUEENSBURY WE WANT TO THANK YOU VERY MUCH FOR GIVING YOUR TIME TO A COMMUNITY EFFORT LIKE THAT AND TO TAKE THAT MUCH OUT OF HALFWAY BROOK WAS A LOT OF HARD WORK . RESOLUTIONS RESOLUTION TO APPROVE MINUTES RESOLUTION NO . 98 , INTRODUCED BY MR. DANIEL MORRELL WHO MOVED FOR ITS ADOPTION , SECONDED BY MR. DANIEL OLSON : RESOLVED, THAT THE TOWN BOARD MINUTES OF APRIL 26 , 1983 BE AND HEREBY ARE APPROVED. DULY ADOPTED BY THE FOLLOWING VOTE : AYES : MR. OLSON , DR. EISENHART , MR. MORRELL , MRS . MONAHAN , MRS . WALTER NOES : NONE i ABSENT : NONE RESOLUTION TO CONDUCT EXPOSITION RESOLUTION NO . 99 , INTRODUCED BY MR. DANIEL OLSON WHO MOVED FOR ITS ADOPTION , SECONDED BY MR. DANIEL MORRELL : RESOLVED , THAT PERMISSION IS HEREBY GRANTED TO CONDUCT AN EXPOSITION AS FOLLOWS : SPONSORS : ALL OF THE QUEENSBURY VOLUNTEER FIRE COMPANIES AND THE THREE EMERGENCY SQUADS ( QUEENSBURY EMERGENCY SERVICES EXPO 1983 ) PLACE : QUEENSBURY SCHOOL CAMPUS DATE : MAY 22 , 1983 TIME : io :oo A. M. TO 5 :00 P. M. i AND BE IT FURTHER RESOLVED, THAT THE TOWN CLERK IS HEREBY AUTHORIZED AND DIRECTED TO ISSUE A PERMIT TO THE AFORESAID SPONSOR UPON RECEIPT OF PROOF OF --rte LIABILITY INSURANCE IN THE AMOUNT OF NOT LESS THAN $1 ,000 ,000 BODILY INJURY AND PROPERTY DAMAGE. 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 164 RESOLUTION NO . 100 INTRODUCED BY MRS. BETTY MONAHAN WHO MOVED FOR ITS ADOPTION , SECONDED BY DR. CHARLES EISENHART : WHEREAS , THE COSTS OF LEGAL SERVICES FOR THE PLANNING DEPARTMENT HAS EXCEEDED THE ORIGINAL BUDGETED AMOUNT FOR THIS DEPARTMENT , AND WHEREAS , IT HAS BEEN DETERMINED THAT THIS EXPENSE SHOULD BE SHOWN IN THE APPROPRIATE DEPARTMENT , THEREFORE BE IT RESOLVED TO TRANSFER $2000 . 00 FROM A1420 . 440 TO A8o2o . 440 DULY ADOPTED BY THE FOLLOWING VOTE : AYES : MR. OLSON , DR. EISENHART , MR. MORRELL , MRS . MONAHAN , MRS . WALTER NOES : NONE ABSENT : NONE SUPERVISOR WALTER-WHAT WE ARE CONTINUING TO DO IS TO COST ACCOUNT AND WE DO HAVE THE MONEY EARMARKED FOR THIS-WE ARE TRYING TO REFLECT IT IN THE PROPER BUDGETS SO THAT WE WILL HAVE A MUCH CLEARER IDEA AS TO EXACTLY WHAT EACH DEPARTMENT USED WHAT SERVICES IN THE TOWN. RESOLUTION TO TRANSFER FUNDS RESOLUTION NO . 101 , INTRODUCED BY MR. DANIEL MORRELL WHO MOVED FOR ITS ADOPTION , SECONDED BY MR. DANIEL OLSON : WHEREAS, THE QUEENSBURY HIGHWAY DEPT. HAS RETAINED THE SERVICES OF A CONSULTANT FOR THE PURPOSES OF EVALUATING DRAINAGE WORK AND WHEREAS , THE MONEY FOR THIS PURPOSE WAS ORIGINALLY BUDGETED IN THE CONTRACTUAL ACCOUNT , AND WHEREAS , THIS EXPENSE SHOULD BE PAID THROUGH PERSONAL SERVICES ON THE ADVICE OF INTERNAL REVENUE , THEREFORE BE IT RESOLVED , TO TRANSFER $5 ,000 . 00 FROM DR5110 . 440 TO DR51io . 1oo DULY ADOPTED BY THE FOLLOWING VOTE : AYES : MR. OLSON , DR. EISENHART , MR. MORRELL , MRS . MONAHAN , MRS . WALTER NOES : NONE ABSENT : NONE RESOLUTION TO SET PUBLIC HEARING ON ORDINANCE TO AMEND ORDINANCE NO . 46 RESOLUTION NO . 102 , INTRODUCED BY MRS. BETTY MONAHAN WHO MOVED FOR ITS ADOPTION , SECONDED BY DR. CHARLES EISENHART : WHEREAS , THE TOWN BOARD HAS RECENTLY BEEN NOTIFIED BY THE nUEENSBURY ZONING BOARD OF APPEALS OF THE DISCREPANCY IN ZONING DISTRICTS SET FORTH IN THE SIGN ORDINANCE KNOWN AS ORDINANCE NO . 46 AND THE TOWN OF QUEENSBURY ZONING ORDINANCE ADOPTED AFTER THE ENACTMENT OF THE SAID SIGN ORDINANCE , AND WHEREAS, THE DISCREPANCY IN ZONE CLASSIFICATION HAS CREATED PROBLEMS FOR THOSE PERSONS WISHING TO COMPLY WITH THE TOWN OF QUEENSBURY SIGN ORDINANCE , AND WHEREAS , A PROPOSED ORDINANCE TO AMEND ORDINANCE NO. 46 A COPY OF WHICH IS HERETO ANNEXED , HAS BEEN PREPARED WHICH AMENDMENT CONFORMS THE SIGN ORDINANCE CLASSIFICATIONS WITH THE CURRENT TOWN OF QUEENSBURY ZONING ORDINANCE ZONING DISTRICTS , 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 ORDINANCE N0 . 46 AND THAT SAID PUBLIC HEARING BE HELD AT 7 : 30 P. M. IN THE MEETING ROOM OF THE TOWN OF QUEENSBURY OFFICE BUILDING , BAY 6 HAVILAND RDS., IN THE TOWN OF QUEENSBURY , WARREN COUNTY , NEW YORK ON THE 24TH DAY OF MAY , 1983 AT WHICH ALL PERSONS INTERESTED IN THE SUBJECT THEREOF 165 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 REQUIRED BY LAW. DULY ADOPTED BY THE FOLLOWING VOTE : AYES : MR. OLSON , DR. EISENHART , MR. MORRELL , MRS. MONAHAN , MRS. WALTER NOES : _NONE, ABSENT : NONE AMENDMENTS : ARTICLE II SECTION 2 . 100 - DEFINITIONS IS AMENDED TO INCLUDE THE FOLLOWING DEFINITIONS : 3A. COMMERCIAL ZONE- THE FOLLOWING ZONING DISTRICTS SET FORTH IN THE TOWN OF QUEENSBURY ZONING ORDINANCE : RECREATIONAL - COMMERCIAL 5 ACRES ; RECREATIONAL - COMMERCIAL 3 ACRES ; RECREATIONAL-COMMERCIAL 1500 S. F. ; PLAZA- COMMERCIAL 1 ACRE ; HIGHWAY-COMMERCIAL 1500 S. F. ; HIGHWAY-COMMERCIAL 1 ACRE ; NEIGHBORHOOD-COMMERCIAL 10 , 000 S . F. ; NEIGHBORHOOD-COMMERCIAL 1 ACRE. 9A. INDUSTRIAL ZONE - THE FOLLOWING ZONING DISTRICTS SET FORTH IN THE TOWN OF QUEENSBURY ZONING ORDINANCE : LIGHT INDUSTRY ! HEAVY INDUSTRY ; INDUSTRIAL RESERVE 17A. RESIDENTIAL ZONE - THE FOLLOWING ZONING DISTRICTS SET FORTH IN THE TOWN OF QUEENSBURY ZONING ORDINANCE : LAND CONSERVATION 42 ACRES ; LAND CONSERVATION 10 ACRES ; RURAL RESIDENTIAL 5 ACRES ; LAKESHORE RESIDENTIAL 3 ACRES; LAKESHORE RESIDENTIAL 1 ACRE ; URBAN RESIDENTIAL 10 ,000 S . F. ; URBAN RESIDENTIAL 5 , 000 S. F. ; SUBURBAN RESIDENTIAL 1 ACRE ; SUBURBAN RESIDENTIAL 30 ,000 S . F. ; SURBURBAN RESIDENTIAL 20 , 000 S . F. ; SINGLE- FAMILY RESIDENTIAL 10 , 000 S . F. ; SINGLE-FAMILY RESIDENTIAL 20 ,000 S. F. ; SINGLE - FAMILY RESIDENTIAL 30 , 000 S . F. ; SINGLE-FAMILY RESIDENTIAL 1 ACRE. i ARTICLE III - SECTION 3. 100 IS HEREBY AMENDED AS FOLLOWS : 11 ( A) RESIDENTIAL ZONES SHALL BE SUBSTITUTED IN THE PLACE AND INSTEAD OF R ZONES . 11 (B ) COMMERCIAL ZONES AND INDUSTRIAL ZONES SHALL BE SUBSTITUTED IN THE PLACE OF C OR M ZONES . ARTICLE IV - SECTION 5 . 100 17( C) `CIDMMERCIAL ZONE AND INDUSTRIAL ZONE SHALL BE SUBSTITUTED IN THE PLACE AND INSTEAD OF C AMD M ZONE. ARTICLE VI - SECTION 6 . 103 IS HEREBY AMENDED AS FOLLOWS : 1 . COMMERCIAL AND INDUSTRIAL ZONES SHALL BE SUBSTITUTED FOR C AND M ZONES. 2. COMMERCIAL AND INDUSTRIAL ZONES SHALL BE SUBSTITUTED FOR C AND M ZONES SECTION 6. 104 IS HEREBY AMENDED AS FOLLOWS : 1 ( A) RESIDENTIAL ZONES SHALL BE SUBSTITUTED FOR R ZONES. `�- 1 ( B ) COMMERCIAL AND INDUSTRIAL ZONES SHALL BE SUBSTITUTED FOR C AND M ZONES MR. CORNWELL- WE NEED EXACTLY WHAT IS STATED. . . COUNCILMAN MONAHAN- DO YOU HAVE ANY PROBLEMS WITH THE FACT THE NEIGHBORHOOD COMMERCIAL IS QUITE A RESTRICTIVE ZONE AND YET WE ARE GIVING THEM THE UPMOST THAT WE CAN IN SIGNS UNDER THIS CHANGE , THE COMMERCIAL AND INDUSTRIAL SIGNS ARE THE MOST LIN'3ENT SIGNS-DOES THAT PRESENT ANY PROBLEMS DO YOU THINK? MR. CORNWELL- SOME OFITHEM HAVE MORE THAN THEY SHOULD HAVE ALREADY PRE- EXISTING. . . THE SIGN ORDINANCE AS WE HAVE IT NOWT DOESN 'T GIVE TOO MUCH IF THEY ADHERE TO THE ORDINANCE AND THE SPIRIT OF THE ORDINANCE I DO NOT THINK IT PRESENTS ANY PROBLEMS . . . RESOLUTION TO AUTHORIZE PERMIT FOR MOBILE HOME 166 RESOLUTION NO . 103 , INTRODUCED BY MR. DANIEL OLSON WHO MOVED FOR ITS ADOPTION , SECONDED BY MRS. BETTY MONAHAN : i WHEREAS , DONALD AND JANE PELTIER HAVE MADE APPLICATION IN ACCORDANCE WITH PARAGRAPH 2 (C ) SECTION 4 , OF AN ORDINANCE OF THE TOWN OF QUEENSBURY ENTITLED ; ORDINANCE FOR THE REGULATION OF MOBILE HOMES AND MOBILE HOME COURTS IN THE TOWN OF QUEENSBURY , WARREN COUNTY , NEW YORK, TO LOCATE A MOBILE HOME AT PROPERTY SITUATED ON THE CORINTHIROAD , AND WHEREAS , THIS TOWN 50ARD HAS CONDUCTED A PUBLIC HEARING IN CONNECTION WITH SAID APPLICATION AND HAS HEARD ALL PERSONS DESIRING TO BE HEARD IN FAVOR OF OR AGAINST SAID APPLICATION , AND WHEREAS , IT IS HEREBY DETERMINED THAT THE FACTS PRESENTED IN SAID APPLICATION AND AT SAID PUBLIC HEARING ARE SUFFICIENT TO AUTHORIZE THE ISSUANCE OF THE PERMIT REQUESTED BY SAID APPLICATION , NOW , THEREFORE BE IT RESOLVED , THAT PURSUANT TO THE PROVISIONS OF THE ABOVE MENTIONED ORDINANCE , PERMISSION IS HEREBY GIVEN TO DONALD AND JANE PELTIER TO ECICATE . A MOBILE HOME AT PROPERTY SITUATED AT THE CORINTH ROAD AND THAT THE BUILDING INSPECTOR IS HEREBY AUTHORIZED AND DIRECTED TO ISSUE SUCH PERMIT IN ACCORDANCE WITH THE TERMS AND CONDITIONS OF SAID ORDINANCE. DULY ADOPTED BY THE FOLLOWING VOTE : AYES : MR. OLSON , DR. EISENHART , MR. MORRELL , MRS . MONAHAN , MRS . WALTER NOES : NONE ABSENT : NONE RESOLUTION OF APPRECIATION RESOLUTION NO. 104 , INTRODUCED AND SECONDED BY THE ENTIRE TOWN BOARD RESOLVED , THAT THE TOWN BOARD OF THE TOWN OF QUEENSBURY WISHES TO THANK MR. MICHAEL NEWTON FOR HIS LEADERSHIP IN THE EFFORTS OF HIS GROUP TO CLEAN UP HALFWAY BROOK . DULY ADOPTED BY THE FOLLOWING VOTE : AYES : MR. OLSON , DR. EISENHART , MR. MORRELL , MRS . MONAHAN , MRS . WALTER NOES : NONE ABSENT : NONE COMMUNICATIONS -WARREN CO. APPROVAL ON THE QUEENSBURY ZONING ORDINANCE AMENDMENTS . . . ON FILE. . . -LTR. STEPHEN LYNN PRESENTED THE TOWN BOARD WITH THE PROPOSED AMENDMENTS TO THE ZONING ORDINANCE ON FILE . . . MR. LYNN- NOTED THAT THE AMENDMENTS WERE TURNED OVER THE THE APA FOR THEIR REVIEW , COUNSEL FOR THE PARK AGENCY CONTACTED THE OFFICE AND SEVERAL ITEMS WERE REVIEWED ON THE AMENDMENTS . . . I -- COUNCILMAN EISENHART- ASKED WHEN THE BOARD WILL HEAR FROM APA. . . MR. LYNN- WE WILL HEAR BY THE NEXT TOWN BOARD MEETING. . . COUNCILMAN OLSON- QUESTIONED SECTION 99 REGARDING ABOVE GROUND TANKS MR. LYNN-APA QUESTIONED THAT ABOVE GROUND TANKS COULD PRESENT A PROBLEM IN REGARD TO SET BACKS. . . GAS TANKS , FUEL OIL TANKS . . . . THEIR MAIN CONSIDERATION WAS WITH THE SHORE LINE COUNCILMAN EISENHART- RE : 2 . '`SCHOOL ' ' WHERE IT TALKS ABOUT QUALIFIED j STAFF. . . NOTED THAT THE COLLEGE MAKES A GREAT EFFORT TO MAKE SURE THAT THEY DO NOT HAVE CERTIFIED TEACHERS. . . i 7 MR. LYNN-NOTED THAT THE COLLEGE WOULD NOT BE INCLUDED IN WHAT WE 16 7 ARE TALKING ABOUT. . . MR. CORNWELL- ADVISED THE BOARD IN REGARD TO SET BACKS IN SECTION 99 TO BE CAREFUL. . . MR. LYNN- NOTED THAT THE AMENDMENTS HAS BEEN WORKED WITH , WITH THE TOWN ATTORNEY. . . MR. MATHIAS- NOTED THAT THE AMENDMENTS FOR THE MOST PART WERE WORKED OUT BY ATTORNEY PRIME. . . RECOMMENDED THAT IN THE SECTION 15 . 044 THE TIME LIMIT OF 45 DAYS BE CHANGED TO 90 DAYS RESOLUTION TO SET PUBLIC HEARING ON AMENDMENTS TO THE QUEENSBURY ZONING ORDINANCE RESOLUTION NO. 105 , INTRODUCED BY DR. CHARLES EISENHART WHO MOVED FOR ITS ADOPTION , SECONDED BY MRS. FRANCES WALTER : WHEREAS , THE QUEENSBURY PLANNING BOARD HAS RECENTLY NOTIFIED THE QUEENSBURY TOWN BOARD THAT CERTAIN AMENDMENTS SHOULD BE MADE TO THE QUEENS91rMY ZONING ORDINANCE AND WHEREAS , THE PROPOSED AMENDMENTS TO THE QUEENSBURY ZONING ORDINANCE A COPY OF THIS IS HERETO ANNEXED HAS BEEN PREPARED AND WHEREAS, THE PROPOSED AMENDMENTS ARE WORHTY OF CONSIDERATION FOR LEGISLATIVE ACTION , NOW , THEREFORE BE IT RESOLVED, THAT A PUBLIC HEARING BE HELD CONCERNING THE PROPOSED AMENDMENTS TOl TFHE, (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 24TH DAY OF MAY , 1983 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 REQUIRED BY LAW. DULY ADOPTED BY THE FOLLOWING VOTE : AYES : MR. OLSON , DR. EISENHART , MR. MORRELL , MRS . MONAHAN , ' MRS . WALTER NOES : NONE ABSENT : NONE i PROPOSED AMENDMENTS TO 16$ QUEENSBURY ZONING ORDINANCE REVISED PER WORKSHOP MEETING 4-11-83 Section 2. 020 Definitions: 3 - y-ce-T a) (As recommended by Case Prime) 2. "Accessory Use Structure" means any building or structure affixed to land or a portion of a main structure incidental and subordinate to a principal land use or development including a guest cottage not for rent or hire that is incidental and subordinate to and associated with a single family dwelling. (As recommended by Case Prime) -- 52. "Landscaping" - add to definition lights and light poles, fences, traffic malls for traffic safety purposes. New definition to read: "Landscaping" means the act of changing or enhancing the natural features, a plot, buffer zone, public open space or other area or portion of a lot (often as a beautifying feature of a building or land use) so as to make said area more attractive, to add visual screening and or provide safety features to assist in protecting life and property. This may be accomplished by adding lawns, trees, shrubs, etc. , or through the sculpturing of the terrain, i.e. earth berms, ponds, walkways, retaining walls, rock outcrops, etc. and/or installing lights, light poles, fences, and traffic malls for direction of traffic. tkecommend-ed-_bY_ Case Prime 1--- —-- - 99. "Structure" omit reference to fences and poles add service station iSlAnds, or drive-in ~ islands with or without canopies. New definition to read: "Structure" means any object constructed, installed or placed on land to facilitate land use and development or subdivision of land, such as buildings, sheds, singles family dwellings, mobile homes, signs, service station islands, or drive-in islands with or without canopies and any fixtures, additions and alterations thereto. (Recommended by Case Prime) 109. "Yard" change word structure to read accessory use structure and make reference to landscaping. New definition to read: "Yard" means any space that is unoccupied except for landscaping, open to the sky, and on the same lot with a building, structure or accessory use structure. (see definition #52 "Landscaping") New definitions to be added: 1. "Building Line" means a line formed by the intersection of a horizontal plane of average grade level and a vertical plane that coincides with the exterior surface of the buildir on any side. In the case of a cantilevered section of a build- ing the vertical plane will coincide with the most projected surface. All yard requirements are measured to the building line. (see definition # "Setback") 1 2. "School" means an institution housing a curriculum, a plant consisting of adequate facilities, a qual staff to carry out its objectives. t7y 3. "Setback" means the separation distance from the property line to the building line-structure. (see definition # "Building Line") ZONING REGULATION CHANGES Section 7. 079 "Buffer Zones" . .exempt farms from this provision New Section 7.079 to read: Where any commercial use or industrial use as defined in this ordinance with the exception of farm operations, abuts any residential use at the lot line or on the same street, that said commercial or industrial use shall provide at least a 50 foot buffer zone from the adjoining lot line of the residential use. Section 10.051 a) Delete Type II Site Plan Review only from section. Add .new Section 5. 050 (d) "Expiration of Site Plan Review Decision" Unless otherwise specified or extended by the Planning Board, a decision on any Site Plan Review shall expire if the applicant fails to undertake the proposed action or project, to obtain any necessary building permits to construct any proposed new building (s) or change any existing building (s) , or to comply with the conditions of said authorization within one (1) year from the filing date of such decision thereof . Add new Section 10. 070 "Expiration of variance Decision by Zoning Board of Appeals" Unless otherwise specified or extended by the Zoning Board of Appealsg, decision on any request for a variance shall expire if the applicant fails to undertake the proposed action or project, to obtain any necessary building permit to construct any proposed new building (s) or change any existing building (s) , or to comply with the conditions of said authorization within one (1) year from the filing date of such decision thereof. Section 7.074 A subdivision 4) paragraph b Delete. . . "from front and" . . Add. . ."attached or detached accessory structure. " New section to read: b) May be erected only in the rear yard of such structure and shall be of a distance not less than twenty feet from the rear lot lines nor less than 10 (1) feet from any side lot line, principal structure or attached or detached accessory structure. Add new paragraph "f" f) In the case where a lot fronts on two (2) or more public rights-of-way, a private swimming pool shall be erected only on that portion of the said lot that is directly adjacent to that side of the principal building which is directly opposite the architectural main entrance of said building and the neighboring side lot line. In no case shall the pool be any nearer to the lot lines abutting any public right-of-way than the required front setback for the principal building of the zoning district in which it is located. Furthermore, the pool shall be screened from the 17 view of the public right-of-way and the neighboring property by means of landscaping. (See definition of "Landscaping") ZONING SCHEDULE Section 4. 020-J Highway Commercial Zones a. Renumber permitted uses and replace the words "such as" with the word "including" b. Add to Permitted Uses - All permitted uses in Plaza Commercial Zone. (Recommended by Case Prime) Add to Site Plan Review Type II No. 11. Hospitals, nursing homes, and health related facilities. No. 12 Day Care Centers. Delete from Permitted Uses and add to Site Plan Review Type II No. 13. Auto repair shops No. 14 . Automobile sales and service No. 15. Boat storage, repair, sales No. 16. Farm and construction equipment sales/service No. 17 . Mobile home sales New list of permitted uses to be stated as follows: Permitted Uses i Businesses which primarily serve highway traffic including: 1. Fast food restaurants, diners, bars 2. Places of public assembly 3. Professional offices 4 . Office buildings 5. Commercial greenhouses/nurseries 6. Social clubs, fraternal organizations 7 . Motels, hotels, inns, lodges 8. Fire stations 9. All permitted uses in Plaza Commercial Zone (Recommended by Case Prime) Add to Rural Residential (RR-3A, RR-5A) , Urban Residential (UR-5, UR-10) , Suburban Residential (SR-IA, SR-30, SR-20) , Single Family Residential (SFR-10, SFR-20, SFR-30) under Site Plan Review Type II: ' A. Schools `..,. B. Churches, Synagogues (places of worship) i 171 (Recommended by Case Prime) Add to Urban Residential (UR-S, UR-10) , Suburban Residential (SR-1A, SR-30, SR-20) under Site Plan Review Type II: A. Hospitals, nursing homes, health related facilities such as outpatient clinics, laboratories, physical therapy facilities, etc. 1 B. Day Care Centers Section 4. 020-n "Heavy Industrial" a. Add #10 to Permitted Uses; "Junkyards" AMENDMENT TO THE QUEENSBURY ZONING. ORDINANCE' Section 15.044 Final PUD Plat. a) (no change) b) Within 45 days of the submission of the final PUD Plat the Planning Board shall conduct a public hearing. Notice of the public hearing shall be advertised at least once in a newspaper of general circulation in the Town at least five days before it is held. Within 45 days of the public hearing (or within 90 days of the public hearing if the PUD is within or partially within the Adirondack Park) the Planning Board, giving due consideration to the reviews by the Town Board and the County '— Planning Board, shall approve the final plat if it is in substantial agreement with the approved preliminary plat; or conditionally approve, with or without modifications, or disapprove. The recommendations of the Planning Board shall be filed with the Town Clerk and forwarded to the Town Board for its review and action. c) The Town Board shall act upon the Planning Board recommendations within 45 days of the filing thereof and, by resolution, shall approve the final plat, or conditionally approve, with or without modification or disapprove. If approval , or conditional approval with or without modifications, is granted, the reso- lution shall specify the drawings, specifications and other material that constitute the final plat and may specify the form or forms of performance bonds to be filed with the application for building permits. If the final PUD Plat is given conditional approval by the Town Board, the applicant is not entitled to file the plat with the County Clerk, but shall have 180 days to meet the conditions, and the Town Board may extend this time for up to 180 additional days. Failure to comply with these time limits or the disapproval of the final PUD Plat shall result in the area of the PUD Plat noted on the Zoning Map withdrawn on resolution of the Town Board and the area revert back to the prior zoning district or districts. d) (no change) e) (no change) i i 172 COMMUNICATIONS - ANNOUNCEMENTS COUNCILMAN EISENHART- I REPRESENTED THE SUPERVISOR WALTER AT THE GROUND BREAKING AT ACC ON APRIL 22 , 1983 , IT WAS A VERY FINE AFFAIR- THE EVIDENCE OF THE PROGRESS OF THE COLLEGE INCREASING ITS FACILITIES -' I AM A REPRESENTATIVE OF THE TOWN BOARD ON THE ARCC-�THEY ARE IN VERY GOOD SHAPE. .NOTED THAT THERE WILL BE A MOTORCYCLE PARADE STARTING AT THE MUNICIPAL CENTER AND ENDING AT THE CIVIC CENTER SUPERVISOR WALTER- THE CEMETERY COMMISSION WISHED TO NOTIFY THE BOARD AND THE PUBLIC THAT ARTIFICIAL FLOWERS WILL NOT BE ALLOWED AT THE CEMETERIES IN THE TOWN THANKED MR. DON CHASE FOR BEING THE AUCTIONEER AT THE AUCTION LAST ` SATURDAY AND DARLEEN WHO WORKED ON THE TAGGING AND COLLECTIONS' THE AUCTION WAS A SUCCESS , WE CLEARED OUT THE INVENTORY OF BIKES AND MISC. ITEMS . . . REPORTS THE FOLLOWING REPORTS WERE PLACED ON FILE-TOWN CLERK MONTH OF APRIL 1983 3UILDING & ZONING REPORT-MONTH OF APRIL 1983 OPEN FORUM JOSEPH DAIRE- THANKED THE TOWN3BOARD FOR COMING TO THE OPEN HOUSE OF THE SOUTH QUEENSBURY FIRE DEPT . A GREAT SUCCESS. . . COUNCILMAN MONAHAN- SO. OUEENSBURY RECEIVED A LETTER OF THANKS FROM THE FIRE CHIEF OF GLENS FALLS FOR THE HELP THAT THEY EXTENDED DURING THE GLENROSE FIRE. COUNCILMAN EISENHART- THEIR NEW AIR PACK FILLERS ARE AN EXCELLENT ADDITION . . . MR. TURNBULL-PRESENTED THE TOWN BOARD WITH THE YEARLY PROGRAM OF THE SENIOR CITIZENS . . . ASKED IF THE COUNSEL WAS WORKING IN THE SENIOR CITIZENS CONTRACT. . . MR. MATHIAS- I HAVE FINISHED WORKING ON THE CONTRACT I HAVE A DRAFT , I HAVE RECOMMENDED TO THE TOWN BOARD SOME CHANGES IN THE CONTRACT MR. TURNBULL- REGARDING THE BUILDING, ( LAFAYETTE ST. ) HAS THE BOARD ANY ALTERNATIVES? SUPERVISOR WALTER- THIS HAS NOT BEEN DISCUSSED SINCE THE LAST MEETING. . . WE HAVE NOT DETERMINED AT ALL WHAT WE ARE GOING TO DO DOWN THERE . MR. TURNBULL- ASKED IF ANYTHING WAS BEING DONE ABOUT THE ABANDON MOBILE HOME ON BAY ROAD. . . SUPERVISOR WALTER-THE BUILDING & ZONING DEPT . HAS BEEN WORKING ON THAT . . . COUNCILMAN MONAHAN- MR. TURNBULL./ I WOULD BE INTERESTED TO KNOW HOW MANY PEOPLE PARTICIPATE IN EACH OF THE EVENTS HELD BY THE SENIOR CITIZNES. . . MR. TURNBULL- GAVE ESTIMATES OF SOME OF THE REGULAR EVENTS . . . MR. DAIRE- SUGGESTED THAT THE HIGHWAY DEPT . HAVE AN OPEN HOUSE BEFORE PRIMARY DAY TO SHOW THE PUBLIC WHAT HAS BEEN DONE AT THE HIGHWAY DEPT. RESOLUTION TO APPROVE AUDIT OF BILLS i RESOLUTION 106 , INTRODUCED BY P^R. DANIEL MORRELL , SECONDED BY DR. CHARLES EISENHART : RESOLVED , THAT AUDIT OF BILLS AS LISTED ON ABSTRACT NO . 83-5A AND NUMBERED 648 THROUGH 815 AND TOTALING $61361 . 65 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 ADJOURNEDI RESPECTFULLY , DONALD CHASE TOWN CLERK