Loading...
1983-06-14 195 TOWN OF QUEENSBURY REGULAR TOWN BOARD MEETING JUNE 141 1983 TOWN :BOARD MEMBERS MRS . FRANCES WALTER-SUPERVISOR MR. DANIEL OLSON-COUNCILMAN DR. CHARLES EISENHART-COUNCILMAN MR. DANIEL MORRELL-COUNCILMAN MRS . BETTY MONAHAN-COUNCILMAN ABSENT : MR. WILSON MATHIAS-TOWN COUNSEL PRESS : G. F. POST STAR - GUESTS : ATTORNEY SCHACHNER, MR. JOSEPH DAIRE, MR. ARTHUR TURNBULL MR. HALL, MRS . HALL TOWN OFFICIALS : MR. PAUL NAYLOR, MR. LYNN, MR. ROBERTS PLEDGE OF ALLEGIANCE LED BY COUNCILMAN MONAHAN MEETING OPENED 7 : 30 P. M. RESOLUTIONS RESOLUTION TO APPROVE TOWN BOARD MINUTES RESOLUTION NO . 118, INTRODUCED BY MR. DANIEL MORRELL WHO MOVED FOR ITS ADOPTION, SECONDED BY DR. CHARLES EISENHART : RESOLVED, THAT THE TOWN BOARD MINUTES OF MAY 24TH AND 31ST . OF 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 ABSENT : NONE RESOLUTION TO SET PUBLIC HEARING ON LOCAL LAW TO LICENSE THE OPERATION OF JUNKYARDS AND TO REGULATE THE OPERATION OF JUNKYARDS IN THE TOWN OF QUEENSBURY, WARREN COUNTY, NEW YORK RESOLUTION NO. 119, INTRODUCED BY DR. CHARLES EISENHART WHO MOVED FOR ITS ADOPTION, SECONDED BY MR. DANIEL OLSON : WHEREAS, THE TOWN BARD OF THE TOWN OF QUEENSBURY IS CONCERNED THAT A CLEAN, WHOLESOME, ATTRACTIVE ENVIRONMENT IS DECLARED TO BE OF IMPORTANCE TO THE HEALTH AND SAFETY OF THE INHABITANTS OF THE TOWN OF QUEENSBURY. IT IS FURTHER DECLARED THAT THE UNRESTRAINED ACCUMULATION OF JUNK MOTOR VEHICLES, MACHINERY, SCRAP METALS, WASTE PAPERS, RAGS, USED OR SALVAGED BUILDING MATERIALS OR OTHER DISCARDED MATERIALS IS A HAZARD TO SUCH HEALTH, SAFETY AND WELFARE OF CITIZENS OF THE TOWN NECESSITATING THE REGULATION, RESTRAINING AND ELIMINATION THEREOF, AND WHEREAS, THE TOWN BOARD IS DESIROUS OF RECOGNIZING THAT THE MAINTENANCE OF JUNKYARDS IS A USEFUL AND NECESSARY BUSINESS AND OUGHT TO BE ENCOURAGED WHEN NOT IN (DNFLICT WITH THE EXPRESS PURPOSES AS SET FORTH ABOVE, AND NOW THERE- FORE BE IT RESOLVED, THAT A PUBLIC HEARING ON A PROPOSED LOCAL LAW FOR THE LICENSING OF THE OPERATION OF JUNKYARDS AND TO REGULATE THE OPERATION OF JUNKYARDS IN THE TOWN OF QUEENSBURY 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 JUNE 28, 1983 AT WHICH ALL PERSONS INTERESTED IN THE SUBJECT MATTER THEREOF WILL BE HEARD, AND IT IS FURTHER RESOLVED, THAT THE TOWN CLERK PUBLISH NOTICE OF THE PUBLIC HEARING IN THE OFFICIALLY DESIGNATED NEWSPAPER. DULY ADOPTED BY THE FOLLOWING VOTE : AYES : MR. OLSON, DR. EISENHART, MR. MORRELL, MRS. MONAHAN, MRS . WALTER NOES : NONE ABSENT : NONE 196 RESOLUTION TO DESIGNATE POLLING PLACES IN THE TOWN OF QUEENSBURY RESOLUTION N0, 120, INTRODUCED BY DR. CHARLES EISENHART WHO MOVED FOR ITS ADOPTION, SECONDED BY MRS . BETTY MONAHAN : WHEREAS, ARTICLE 4 SECTION 66 OF THE FLECTION LAW PROVIDES THAT THIS BOARD SHALL DESIGNATE THE POLLING PLACES WHERE REGISTRATION OF VOTERS AND THE ELECTION SHALL BE HELD DURING THE YEAR FOLLOWING, NOW, THEREFORE BE IT i RESOLVED, THAT THE FOLLOWING LOCATIONS BE AND THEY HEREBY ARE DESIGNATED AS THE RESPECTIVE POLLING PLACES IN THE DISTRICTS AS ENUMERATED DISTRICT LOCATION 1 . SOUTH QUEENSBURY FIRE HOUSE 2. BAY RIDGE FIRE HOUSE 3• BAY RIDGE FIRE HOUSE 4• NORTH QUEENSBURY FIRE HOUSE 5. WARREN COUNTY MUNICIPAL CENTER 6. nUEENSBURY MIDDLE SCHOOL (EAST DOOR) 7. QUEENSBURY TOWN OFFICE BUILDING 8 . QUEENSBURY CENTRAL FIRE HOUSE 9 • QUEENSBURY SENIOR HIGH SCHOOL 10 . CEREBRAL PALSY CENTER 11 . JOHN BURKE APTS. (SENIOR CITIZENS CENTER) 12 . KENSINGTON ROAD SCHOOL ( WEST ENTRANCE) 13 . DEN WILHELM AUTO SALES 14. WEST GLENS FALLS FIRE HOUSE 15 . WEST GLENS FALLS FIRE HOUSE 16. QUEENSBURY WATER DEPT . (MAINT . BLDG. ) 17 . QUEENSBURY TOWN OFFICE BUILDING 18 . WEST GLENS FALLS FIRE HOUSE AND BE IT FURTHER RESOLVED, THAT THE RENTAL FOR SUCH POLLING PLACES BE AND THE SAME HEREBY »� IS FIXED AT THE SUM OF $40 . 00 PER ANNUM PER DISTRICT. DULY ADOPTED BY THE FOLLOWING VOTE : AYES : MR. OLSON, DR. EISENHART, MR. MORRELL, MRS . MONAHAN, MRS . WALTER NOES : NONE ABSENT : NONE RESOLUTION TO APPROVE BINGO LICENSE _RESOLUTION N0. 121, INTRODUCED BY MR. DANIEL MORRELL WHO MOVED FOR ITS ADOPTION, SECONDED BY MRS . BETTY MONAHAN : RESOLVED, THAT BINGO LICENSE NM 17031 BE AND HEREBY IS APPROVED ALLOWING QUEENSBURY VETERANS OF FOREIGN WARS POST 6196 TO HOLD BINGO OCCASIONS FROM JUNE 28, THROUGH SEPTEMBER 13, 1983 AND BE IT FURTHER RESOLVED, THAT THIS INCLUDES TWO SUNDAY BINGO DATES . DULY ADOPTED BY THE FOLLOWING VOTE : I AYES : MR. OLSON, MR. MORRELL, MRS . MONAHAN, MRS . WALTER NOES : DR. EISENHART ABSENT : NONE - -f F RESOLUTION TO TRANSFER FUNDS _RESOLUTION N0 . 122, INTRODUCED BY MR. DANIEL OLSON WHO MOVED FOR ITS ADOPTION, SECONDED BY MR. DANIEL MORRELL : WHEREAS, IT HAS BEEN NECESSARY TO DO EMERGENCY REPAIR WORK TO THE SEWER IN PERSHING, ASHLEY, COOLIDGE SEWER DISTRICT AND WHEREAS, THE FUNDS WERE NOT APPROPRIATED FOR THIS EXPENSE, NOW, THEREFORE BE IT i 197 RESOLVED, TO TRANSFER $1150 . 00 FROM SS1-909 PAC FUND BALANCE TO SS1-8130-440 PAC CONTRACTUAL. DULY ADOPTED BY THE FOLLOWING VOTE : AYES : MR. OLSON, DR. EISENHART, MR. MORRELL, MRS. MONAHAN, MRS . WALTER . NOES : NONE ABSENT : NONE + RESOLUTION TO CREATE POSITION OF PARTS SHOP FOREMAN IN THE HIGHWAY DEPARTMENT RESOLUTION NO. 123, INTRODUCED BY MR. DANIEL OLSON WHO MOVED FOR ITS ADOPTION, SECONDED BY MR. DANIEL MORRELL : '�--= WHEREAS, THE SUPERINTENDENT OF HIGHWAYS OF THE TOWN OF QUEENSBURY HAS RECOMMENDED TO THE TOWN BOARD THE CREATION OF A SALARIED FULL-TIME MANAGEMENT POSITION HAVING THE TITLE-OF ' 'PARTS SHOP FOREMAN ' ' UPON THE GROUNCS THAT THE CREATION OF SUCH POSITION WOULD INCREASE SIGNIFICANTLY THE EFFICIENCY OF MANAGEMENT OF SAID DEPARTMENT AND WHEREAS, THE SUPERINTENDENT OF HIGHWAYS HAS SUBMITTED A DESCRIPTION OF THE MANAGEMENT DUTIES AND RESPONSIBILITIES OF SAID ' ' PARTS SHOP FOREMAN' ' IF SAID POSITION IS CREATED WHICH DESCRIPTION IS ANNEXED HERETO AS EXHIBIT ' 'All AND WHEREAS, ON THE BASIS OF DISCUSSIONS WITH THE SUPERINTENDENT OF HIGHWAYS, IT WOULD APPEAR THAT THE CREATION OF SAID POSITION, HAVING THE DUTIES AND RESPONSIBILITIES AS SET FORTH IN EXHIBIT ' 'All ANNEXED HERETO, WOULD INCREASE THE MANAGEMENT EFFICIENCY AND IMPORVE THE PERFORMANCE OF THE HIGHWAY DEPARTMENT NOW THEREFORE BE IT RESOLVED, THAT THE POSITION OF PARTS SHOP FOREMAN BE CREATED WITH SAID POSITION TO HAVE THE DUTIES AND RESPONSIBILITIES AS SET FORTH IN EXHIBIT ' 'All ANNEXED HERETO. DULY ADOPTED BY THE FOLLOWING VOTE : AYES : MR. OLSON, DR. EISENHART, MR. MORRELL, MRS . MONAHAN, MRS . WALTER NOES : NONE ABSENTT NONE COUNCILMAN OLSON- REVIEWED THE POSITION OF PART SHOP FOREMAN . . . HIS PLAN IS TO HAVE REPLACEMENT PARTS ON HAND AND OTHER EQUIPMENT THAT IS NEEDED ON HAND FOR REPAIRS TO THE VEHICLES . . .TO LESSEN DOWN TIME ON EQUIPMENT COUNCILMAN MORRELL- THIS WILL ALSO REQUIRE CONFIDENTIALITY BETWEEN YOU AND THE FOREMAN? MR. NAYLOR- VERY MUCH SO . RESOLUTION TO APPOINT PARTS SHOP FOREMAN RESOLUTION NO, 124, INTRODUCED BY MR. DANIEL OLSON WH.0 MOVED FOR ITS I ADOPTION, SECONDED BY DR. CHARLES EISENHART : i WHEREAS, THE MANAGEMENT LEVEL POSITION OF PARTS SHOP FOREMAN HAS BEEN CREATED BY RESOLUTION NO. 123, AND WHREAS, HIGHWAY SUPERINTENDENT PALL NAYLOR HAS INDICATED A NEED TO FILL THE POSITION, AND WHEREAS, EVERETT VOORHIS HAS BEEN RECOMMENDED BY SUPERINTENDENT NAYLOR TO FILL THE VACANCY, NOW, THEREFORE BE IT RESOLVED, THE EVERETT VOORHIS BE APPOINTED TO FILL THE POSITION OF PARTS SHOP FOREMAN FOR A SIX MONTH PROVISIONAL PERIOD IN ACCORDANCE WITH CIVIL SERVICE REQUIREMENTS AT A SALARY OF $13, 000 . PER ANNUM AND BE IT FURTHER RESOLVED, THAT NO ADDITIONAL OVERTIME PAY IS ALLOWED AND THAT THIS TITLE AND RATE OF COMPENSATION IS:::EFFECTIVE AS OF JUNE 131p 1983 . I 19: DULY ADOPTED BY THE FOLLOWING VOTE : AYES: MR. OLSON, DR. EISENHART, MR . MORRELL, MRS . MONAHAN, MRS . WALTER NOES : NONE ABSENT: NONE I i SUPERVISOR WALTER- MR. VOORHIS WAS THE RECOMMENDATION OF THE HIGHWAY SUPT. HE HAS BEEN WORKING IN A JOB THAT IS VERY SIMILIAR AND HAS WORKED FOR THE TOWN FOR ABOUT EIGHT YEARS . . . RESOLUTION TO SET PUBLIC HEARING ON A LOCAL LAW PROVIDING FOR THE REPAIR OR REMOVAL OF UNSAFE BUILDINGS AND COLLAPSED STRUCTURES s RESOLUTION NO. 125, INTRODUCED BY MR. DANIEL MORRELL WHO MOVED FOR ITS ADOPTI-ON, SECONDED BY DR. CHARLES EISENHART : WHEREAS, THE JbWN BOARD OF THE TOWN OF QUEENSBURY IS CONCERNED THAT UNSAFE BUILDINGS POSE A THREAT TO LIFE AND PROPERTY IN THE )TOWN OF QUEENSBURY. BUILDINGS AND STRUCTURES MAY BECOME UNSAFE BY- REASON OF DAMAGE BY FIRE, THE ELEMENTS, AGE OR GENERAL DETERIORATION . VACANT BUILDINGS NOT PROPERLY SECURED AT DOORWAYS AND WINDOWS ALSO SERVE AS AN ATTRACTIVE NUISANCE OF YOUNG CHILDREN WHO MAY BE INJURED THEREIN, AS WELL AS A POINT OF CONGREGATION BY VAGRANTS AND TRANSIENTS . A DILAPIDATED BUILDING MAY ALSO SERVE AS A PLACE OF RODENT INFESTATION i THEREBY CREATING A HEALTH MENACE TO THE COMMUNITY. IT IS THE PURPOSE OF THIS LOCAL LAW TO PROVIDE FOR THE SAFETY, HEALTH, PROTECTION AND GENERAL WELFARE OF PERSONS AND PROPERTY IN THE TOWN OF QUEENSBURY BY REQUIRING SUCH UNSAFE BUILDINGS TO BE REPAIRED OR DEMOLISHED AND RE- MOVED, AND f WHEREAS, THE TOWN BOARD IS DESIROUS OF RECOGNIZING THAT UNSAFE BUILDINGS POSE A THREAT TO LIFE AND PROPERTY IN THE TOWN OF QUEENSBURY, AND NOW, THEREFORE BE IT RESOLVED, THAT A PUELIC HEARING ON A PROPOSED LOCAL LAW PROVIDING FOR THE REPAIR OR REMOVAL OF UNSAFE BUILDINGS AND COLLAPSED STRUCTURES IN THE TOWN OF QUEENSBURY BE HELD AT 7 : 30 P. M. IN THE MEETING ROOM OF THE { TOWN OF QUEENSBURY OFFICE BUILDING, BAY 8 HAVILAND RDS . , IN THE TOWN OF QUEENSBURY, WARREN COUNTY, NEW YORK ON JUNE 28, 1983 AT WHICH ALL PERSONS INTERESTED IN THE SUBJECT MATTER THEREOF WILL BE HEARD, AND IT IS FURTHER RESOLVED, THAT THE TOWN CLERK PUBLISH NOTICE OF THE PUBLIC HEARING IN THE OFFICIALLY DESIGNATED NEWSPAPER. DULY ADOPTED BY THE FOLLOWING VOTE : AYES : MR. OLSON, DR. EISENHART, MR. MORRELL, MRS . MONAHAN, MRS. WALTER NOES : NONE ABSENT: NONE RESOLUTION AUTHORIZING SUPERVISOR TO SIGN AGREEMENT RESOLUTION NO. 126, INTRODUCED BY MR. DANIEL MORRELL WHO MOVED FOR ITS ADOPTION, SECONDED BY MR. DANIEL OLSON : WHEREAS, THE TOWN OF QUEENSBURY HAS HERETOFORE CONTRACTED WITH THE QUEENSBURY SENIOR CITIZENS CLUB, INC. AND, I WHEREAS, THE TOWN OF QUEENSBURY DESIRES TO CONTINUE ITS SUPPORT OF THE QUEENSBURY SENIOR CITIZENS CLUB, INC. , NOW, THEREFORE BE IT RESOLVED, THAT THE SUPERVISOR OF THE TOWN OF QUEENSBURY BE AND HEREBY IS EMPOWERED TO CONTRACT WITH THE QUEENSBURY SENIOR CITIZENS CLUB, INC . TO PROVIDE $4, 000 . 00 FOR RECREATIONAL PROGRAMS AND SOCIAL ACTIVITIES DURING THE IAR 1983, ACCORDING TO THE AGREEMENT, AND BE IT FURTHER I RESOLVED, THAT THE SUM OF $4, 000 . 00 WILL BE PAID TO THE QUEENSBURY SENIOR CITIZENS CLUB, INC. IN ONE PAYMENT . DULY ADOPTED BY THE FOLLOWING VOTE: AYES : MR. OLSON, IDR. EISENHART, MR. MORRELL, MRS MONAHAN, MRS . WALTER I I99 NOES : NONE ABSENT : NONE DISCUSSION HELD ON RESOLUTION NO. 126 . . . IT WAS RECOMMENDED BY SUPERVISOR WALTER THAT THE SUPPORT OF THE QUEENSBURY SENIOR CITIZENS BE MADE IN ONE PAYMENT THIS YEAR DUE TO THE LAIENESS IN THE YEAR. . . .AGREED TO BY THE ENTIRE BOARD. COMMUNICATIONS i -APPLICATION FOR A TRANSIENT MOBILE HOME COURT- THE GREAT ESCAPE CAMPING RESORT, INC . 300 SITES WHEN COMPLETED. COUNCILMAN EISENHART- THIS HAS GONE THROUGH ALL THE BOARDS PLANNING, ZONING? COUNCILMAN MORRELL- THIS HAS GONE THROUGH ALL THE BOARDS . COUNCILMAN OLSON- IF THIS IS APPROVED, HOW LONG IS IT APPROVED FOR? TOWN CLERK- PERMANENT APPLICATION . . .ASKED IF ALL THE SITES WERE NOW DEVELOPED? ATTORNEY JUDGE- NOTED THAT THERE WILL BE 300 SITES BY LABOR DAY 150 OF THE 300 WILL BE IN -OPERATION AT PRESENT 100 SITES ARE READY FOR JULY 4TH . . . SUPERVISOR WALTER- THIS IS A PROCEDURAL MATTER IN THAT THE APPLICANT HAS GONE THROUGH THE HOOPS SO TO SPEAK OF THE OTHER AGENCIES .. . COUNCILMAN OLSON- DO YOU HAVE VALID PERMITS FROM ENCON? ATTORNEY JUDGE- WE HAVE ALL THE NECESSARY PERMITS. . .NOTED THAT THERE WAS CONCERN OVER RUN OFF. . THIS SPRING WAS A TEST BECAUSE WE PROBABLY HAD MORE RAIN THEN EVER-AGAIN WE WERE DELIGHTED TO FIND pp��HAT OUR ENGINEERS WERE CORRECT THE WATER, WHAT EVER PONDING THERE WAS�n'WITHIN A COUPLE OF HUNDRED FEET OF THE WET LAND AREA. . .NOTED IN THE NEXT FEW WEEKS THERE WILL BE 24HR. SECURITY OF THE AREA. . . COUNCILMAN OLSON- WHAT ABOUT RUN OFF OF THE SEPTIC SYSTEMS? I ATTORNEY JUDGE- THE SEPTIC SYSTEMS WERE APPROVED BY THE HEALTH DEPT. AND ENCON. RESOLUTION TO APPROVE TRANSIENT MOBILE HOME COURT RESOLUTION NO. 127, INTRODUCED BY MR. DANIEL MORRELL WHO MOVED FOR ITS ADOPTION, SECONDED BY DR. CHARLES EISENHART : WHEREAS, CHARLES R. WOOD OF BOX 511, LAKE GEORGE, NEW YORK 12845 HAS SUBMITTED AN APPLICATION TO THE TOWN OF QUEENSBURY FOR APPROVAL OF THE ESTABLISHMENT OF A TRANSIENT MOBILE HOME COURT ON PREMISES WHICH MR. WOOD OWNS ON ROUND POND ROAD IN THE TOWN OF QUEENSBURY, AND WHEREAS, APPROVAL OF THE PROJECT HAS BEEN SOUGHT OUT AND APPROVED BY THE QUEENSBURY ZONING BOARD AND THE QUEENSBURY PLANNING BOARD AND I WHEREAS, IT APPEARS THAT THERE HAS BEEN FULL COMPLIANCE IN THE APPLICATION WITH ORDINANCE NO. 12 OF THE TOWN OF QUEENSBURY, AND WHEREAS, AN ENVIRONMENTAL ASSESSMENT FORM HAS BEEN FILED WITH THE TOWN OF QUEENSBURY BY MR. WOOD AND THE TOWN BOARD HAS DETERMINED UNDER THE STATE ENVIRONMENTAL QUALITY REVIEW ACT THAT THE PROPOSED PROJECT WILL HAVE NO SIGNIFICANT EFFECT ON THE ENVIRONMENT, AND WHEREAS, IT WOULD APPEAR THAT THE PLANS AND LOCATION OF SAID TRANSIENT MOBILE '; HOME COURT WOULD BE A PROPER AND BENEFICIAL USE OF THE PREMISES INVOLVED, NOW, THEREFORE BE IT RESOLVED, THAT THE APPLICATION OF CHARLES WOOD FOR THE APPROVAL BY THE TOWN BOARD OF HIS APPLICATION TO ESTABLISH A TRANSIENT MOBILE HOME COURT ON ROUND POND ROAD IN THE TOWN OF QUEENSBURY IN ACCORDANCE WITH !'THE PLANS AND SPECIFICATIONS FILED BY MR. WOOD WITH THE TOWN OF QUEENSBURY BE AND THE SAME HEREBY IS APPROVED AND BE IT FURTHER I I zoo RESOLVED, THAT THE TOWN CLERK BE AUTHORIZED THAT UPON COMPLIANCE WITH ANY AND ALL OTHER PROVISIONS OF ORDINANCE NO. 12 TO ISSUE A PERMIT FOR SAID PURPOSE TO MR. CHARLES WOOD. DULY ADOPTED BY THE FOLLOWING VOTE : AYES : MR. OLSON, DR. EISENHART, MR. MORRELL, MRS. MONAHAN, MRS . WALTER NOES : NONE j ABSENT : NONE BID OPENING FUEL OIL DIESEL KEROSENE 1983-84 ASHTON FUEL BRIAN BEURS MABB OIL SARATOGA SPRINGS , 'GLENS FALLS HUDSON FALLS } WATER MAINTENANCE . 945 . 970 . 9649 •J PINE VIEW . 945 . 970 . 9649 TOWN OFFICE . 945 . 970 . 9649 WATER FILTRATION . 945 . 961 .9549 POLICE HIGHWAY . 945 . 961 . 9549 DIESEL 1 . 005 . 971 . 9549 LANDFILL KERO 1 . 065 1 . 055 1 . 0999 DIESEL 1 . 005 . 990 . 9999 LAFAYETTE ST. . 945 . 970 . 9649 NON COLLUSIVE ATTACHED ON ALL BIDS . i i BIDS TURNED OVER TO MR. FLAHERTY FOR HIS RECOMMENDATION . LTR. COLONIAL CABLEVISION INC . ON FILE RATE INCREASE ON HBO FROM $8 . 95 TO $9 . 50 MOBILE HOME APPLICATION OF RICHARD HERMANCE SR. TO LOCATE A MOBILE HOME ON DAWN AVENUE-OWNER OF PROPERTY GENEVA ELMORE-MR. HERMANCE WAS PRESENT. . . . .APPROVED BY THE ASSISTANCE BUILDING INSPECTOR MACK DEAN _sV••- COUNCILMAN MORRELL- QUESTIONED IF THIS WAS THE PROPERTY THAT WAS LISTED IN THE PAPER AS HAVING BACK TAXES TO BE PAID? MR. HERMANCE- THERE IS BACK TAXES DUE ON THE PROPERTY, I AM AWAITING THE APPROVAL ON MY APPLICATION THEN MRS . ELMORE IS GOING TO PAY THE BACK TAXES . . . COUNCILMAN OLSON- WHERE DO YOU HAVE THE MOBILE HOME NOW? MR. HERMANCE- IN HOMESTEAD VILLAGE . . . SUPERVISOR WALTER- ASKED THAT MR. HERMANCE HAVE A WRITTEN STATEMENT FROM MRS . ELMORE THAT THE TAXES WILL BE PAID ON THE PARCEL IN QUESTION FOR THE NEXT BOARD MEETING . . .NOTED THAT THE BOARD COULD SET A PUBLIC HEARING BUT I DO NOT THINK THAT THIS BOARD CAN GRANT A MOBILE HOME PERMIT WITH SOMETHING THAT IS NOT CLEAR CUT . RESOLUTION TO AUTHORIZE PUBLIC HEARING I RESOLUTION NO. 128, INTRODUCED BY DR. CHARLES EISENHART WHO MOVED FOR ITS ADOPTION, SECONDED BY MRS . BETTY MONAHAN!. ' WHEREAS, RICHARD HERMANCE SR. HAS 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 OUTSIDE AT PROPERTY SITUATED AT DAWN AVENUE, AND WHEREAS, IT IS HEREBY DETERMINED THAT SAID APPLICATION COMPLIES WITH THE REQUIREMENTS OF SAID ORDINANCE, AND WHEREAS, IT IS HEREBY DETERMINED THAT THE FACTS PRESENTED IN SAID { APPLICATION ARE SUFFICIENT TO JUSTIFY FURTHER CONSIDERATION BY THIS 1 BOARD, THEREFORE BE IT RESOLVED, THAT PURSUANT TO THE PROVISIONS OF THE ABOVE MENTIONED ORDINANCE, THE TOWN BOAJ�D SHALL CONDUCT A PUBLIC HEARING ON SAID 201 APPLICATION ON JUNE 28, 1983 AT 7 : 30 P.M. IN THE QUEENSBURY TCW4 OFFICE BUILDING, BAY ROAD, AND THAT THE TOWN CLERK IS HEREBY AUTHORIZED AND DIRECTED TO GIVE PROPER NOTICE OF SAID PUBLIC HEARING IN ACCORDANCE WITH THE PROVISIONS OF SAID ORDINANCE . DULY ADOPTED BY THE FOLLOWING VOTE AYES : MR. OLSON, DR. EISENHART, MR. MORRELL, MRS . MONAHAN, MRS . WALTER NOES: NONE ABSENT: NONE LTR. - DATE : JUNE 8, 1983 TO : QUEENSBURY TOWN BOARD MEMBERS RE : HALL MOBILE HOME ON JUNE 1, 1983, AN INSPECTION WAS CONDUCTED AT THE STEVE HALL MOBILE HOME SITE AT BENNETT ROAD TO DETERMINE IF CERTAIN STIPULATIONS REQUIRED BY THE TOWN BOARD HAD BEEN MET. AT THAT TIME, A ROW OF 5 LONG-NEEDLE PINE TREES, 5 TO 6 FEET IN HEIGHT HAD BEEN PLANTED IN THE REQUIRED AREA. ON JUNE 7, 1983, FURTHER INSPECTION REVEALED 7 ADDITIONAL TREES HAD BEEN PLANTED BETWEEN THE ORIGINAL ROW OF 5 TREES AND THE HALL MOBILE HOME . (THERE WERE ALSO 2 ADDITIONAL HOLES, PRESUMABLY FOR MORE TREES, ALTHOUGH THISHAS NOT VERIFIED) ADDITIONALLY, ON JUNE 1, 1983, T-111 SIDING HAD BEEN APPLIBD TO A PORTION OF THE HALL MOBILE HOME, THAT WHICH FACES HUMMINGBIRD LANE. ATTACHED ARE COPIES OF THE TOWN BOARD REQUEST OF DECEMBER 23, 1982 AND VARIOUS PHOTOS OF THE HALL MOBILE HOME SITE TAKEN FROM HUMMINGBIRD LANE ON JUNE1 AND JUNE 7, 1983 . ( ON FILE) RESPECTFULLY SUBMITTED, /S/• MACK A. DEAN MAD:EB ASSISTANT BUILDING INSPECTOR ATTORNEY MARK J. SCHACHNER- REPRESENTING RESIDENTS OF HUMMINGBIRD LANE FILED WITH THE TOWN BOARD THE FOLLOWING STATEMENT) JUNE 14, 1983 STATEMENT OF MOUNTAIN VIEW ESTATES PROPERTY OWNERS AS PROPERTY OWNERS IN MOUNTAIN VIEW ESTATES, WE WISH TO ADDRESS OUR COMMENTS TO THE MEMBERS OF THE QUEENSBURY TOWN BOARD, WHO HAVE SEEN FIT TO APPROVE A MOBILE HOME PERMIT TO THE DETRIMENT OF OUR NEIGHBORHOOD. AS WE HAVE INDICATED TO THE : IVJWN BOARD ON NUMEROUS OCCASIONS, THIS DISPUTE WOULD HAVE PROCEEDED IN AN ENTIRELY DIFFERENT MANNER HAD THE APPLICATNS ACCURATELY DESCRIBED THE PROPOSED LOCATION OF THEIR MOBILE HOME ON THEIR PERMIT .-�- APPLICATION. THE PERMIT APPLICATION SUBMITTED SPECIFIED THAT THE MOBILE HOME WAS TO BE LOCATED AT THE "END OF BENNETT ROAD" AND, THEREFORE, NOTICE OF THE PUBLIC HEARING TO CONSIDER THE PERMIT APPLICATION SPECIFIED THAT THE MOBILE HOME WAS TO BE PLACED ON ' PROPERTY SITUATED AT BENNETT ROAD' . UNAWARE THAT THE MOBILE HOME WAS ACTUALLY TO BE PLACED ON PROPERTY SITUATED DIRECTLY AT THE END OF HUMMINGBIRD LANE, THE RESIDENTS OF HUMMINGBIRD LANE DID NOT ATTEND THE PUBLIC HEARING OR VOICE ANY OBJECTION . ALTHOUGH THE TOWN BOARD PURPORTEDLY REVIEWED THE SITE, NOTED THAT IT j WAS QUITE ISOLATED AND SAW NO REASON TO OBJECT TO THE i PLACEMENT OF THE MOBILE HOME (SEE MINUTES OF PUBLIC HEARING OF SEPTEMBER 28, 1982), THE MOBILE HOME IS READILY VISIBLE FROM SEVERAL RESIDENCES AT THE END OF HUMMINGBIRD LANE AND CREATES ( N. EYESORE FOR THIS NEIGHBORHOOD, FURTHERMORE, IT 202 SEEMS CLEAR THAT THE APPLICANTS DID NOT PLACE THE MOBILE HOME IN THE POSITION INDICATED ON THE MAP WHICH ACCOMPANIED THE PERMIT APPLICATION . WHEN THE INACCURACY OF THE APPLICATION AND DESCREPANCY IN SITE PLACEMENT WERE BROUGHT TO THE ATTENTION OF THE TOWN BOARD ( IN A GRIEVANCE PETITION OF DECEMBER 3, 1982 SIGNED BY OVER FORTY RESIDENTS OF THE NIEGHBORHOOD AND BY THE NEIGHBORHOOD REPRESENTATIVES DURING THE TOWN BOARD MEETING OF DECEMBER 14, 1982), THE TOWN BOARD RESPONDED BY ATTACHING CONDITIONS TO THE PERMIT APPROVAL. AS STATED IN THE LETTER OF DECEMBER 23, 1982 FROM THE TOWN SUPERVISOR TO THE APPLICANTS, THE MOBILE HOME IS VISIBLE TO MANY ADJOINING PROPERTY OWNERS AND THE TOWN BOARD THEREFORE REQUESTS THAT EVERGREEN TREES BE PLANTED TO CREATE APPROPRIATE SCREENING. THE TOWN BOARD FURTHER STATED AT THE TOWN BOARD MEETING OF DECEMBER 28, 1982, THAT THE CONDITIONS WERE ATTACHED ,IN ORDER TO INSURE ' THAT THE PEOPLE IN THE NEIGHBORHOOD WOULD NOT BE ABLE TO SEE THE TRAILER BY SUMMERTIME, THAT IS, THAT THE MOBILE HOME WOULD BE SCREENED FROM THE RESIDENTS IN THE NEIGHBORHOOD. THE APPLICANTS ' 'COMPLIANCE ' WITH THE PERMIT CONDITIONS HAS BEEN SUPERFICIAL AND INEFFECTIVE. AS RECENT PHOTOGRAPHS OF THE NEIGHBORHOOD INDICATE, THE MOBILE HOME REMAINS FLAGRANTLY VISIBLE FROM THE END OF HUMMINGBIRD LANE AND IS NOT SCREENED FROM THE RESIDENTS OF THE NEIGHBORHOOD AT ALL. THEREFORE, WE TAKE THIS OPPORTUNITY TO PUBLICLY PROTEST THE MANNER IN WHICH THE TOWN BOARD HAS RESPONDED TO OUR PROBLEM. IT IS CLEAR THAT THE TOWN BOARD HAS FAILED TO RESPOND TO THE NEEDS OF ITS CONSTITUENTS AND HAS TRAMPLED ON THE RIGHTS OF MANY TO CREATE PRIVILEGES FOR FEW. AS THE TOWN BOARD HAS INDICATED THAT IT WILL REVOKE THE MOBILE HOME PERMIT IN THE EVENT THAT THE IMPOSED CONDITIONS ARE NOT MET, ?, WE HEREBY RESPECTFULLY REQUEST THAT THIS MOBILE HOME PERMIT ' BE REVOKED. ' ATTORNEY SCHACHNER-WHAT I HAVE GIVEN TO EACH MEMBER OF THE TOWN ;BIOARD,, INCLUDING MR. CHASESIS A COPY OF A STAJVENT WHICH I WOULD LIKE TO BRIEFLY SUMMERIZE ON BEHALF OF SEVERALKTHE AREA RESIDENTS NEAR THE HALL MOBILE HOME, ALONG WITH SOMEwTHE DOCUMENTATION. MUCH OF WHICH YOU HAVE ALREADY SEEN SOME OF WHICH IN FACT YOU HAVE GENERATED. WITH RESPECT SPECIFICALLY TO THE CONDITIONS WHICH I GATHER YOU ARE ABOUT TO CONSIDER� IT IS OUR CONTENTION THAT ANY ALLEGED COMPLIANCE WITH THE CONDITIONS REALLY MAKES A SHAM AND A MOCKERY OF THE REASON FOR WHICH YOU HAVE IMPOSED THESE CONDITIONS . I HAVE A FEELING THAT THIS MATTER SHOULD NOT HAVE NEVER INVOLVED IN A DISPUTE AS SERIOUS AS IT NOW INVOLVES HAD IT ONLY BECOME DISPUTEDBECAUSE THERE WAS MATERIAL MISREPRESENTATION MADE IN THE ORIGINAL PERMIT APPLICATION . I KNOW THAT MY CLIENTS HAVE MADE STATEMENTS TO YOU TO THAT EFFECT, THAT I WILL NOT BOTHER REHASHING EACH AND EVERIDETAIL OF, ABOUT THOSE MISREPRESENTATIONS. ALL I WILL DO IS SUMMERIZE THEM TO SAYjTHAT I THINK YOU ARE ALL AWARE THAT IF THE INITIAL MOBILE HOME APPLICATION HAD SPECIFIED THAT TRAILER WAS TO BE PLACED AT THE END OF HUMMINGBIRD LANE� WHICH IN FACT IS WHERE IT IS PLACED_,_THEN IT WOULD HAVE SEEN MANY AREA RESIDENTS COME FORWARD TO PROTEST SUCH PLACEMENT . AS I BELIEVEIYOU ARE AWARE THERE WAS A PETITION GIVEN TO THE TOWN BOARD WITH OVER FORTY SIGNITURES OF AREA RESIDENTS PERTAINING TO PLACEMENT OF MOBILE HOME . WHAT I REALLY WOULD LIKE TO ADDRESS MORE SPECIFICALLYj( IS COMPLIANCE WITH THE CONDITION AS A TOWN BOARD YOU HAVE GONE ON RECORD TELLING THE AREA RESIDENTS THAT THE REASON FOR IMPOSITION OF THESE CONDITIONS IS TO SCREEN THE TRAILER FROM THE VIEW OF THE RESIDENTS . IN TOWN BOARD MEETINGS OF DECEMBER 14TH� AS WELL AS INDICATEDS THATEAPPROPRIAT nk K NING ISS TOBBERPLACEDEBETTWEENETHERMOBILE `rte HOME AND THE NEIGHBORHOOD SUCH THAT MY CLIENTS.THE RESIDENTS OF HUMMINGBIRD LANE, WOULD NOT BE VISUALLY IMPAIRED BY THIS MOBILE HOME . I WISH TO REPRESENT AT.-.THIS TIMES THAT MY CLIENTS TELL ME AND I HAVE SEEN WITH MY OWN EYESjTHAT THE MOBILE HOME IS STILL COMPLETELY VISIBLE FROM HUMMINGBIRD LANE . IT STILL CREATES AN EYE SORE TO THE NEIGHBORHOOD AND WHETHER OR NOT THERE HAS BEEN STRICT LETTER COMPLIANCE TO THE CONDITIONS OR NOT CLEARLY. THERE IS NO COMPLIANCE WITH THE SPIRIT IN WHICH THE CONDITIONS WERE IMPOSED. I GOT SEVERL .PHOTOGRAPHS, I BELIEVE YOU MAY HAVE SEVERAL PHOTOGRAPHS AS WELL. TAKEN BY SOME OF THE BUILDING AND ZONING PEOPLE WHICH SHOWS WHAT THE STATUS OF THE MOBILE HOME IS TODAY . (SHOWED THE PHOTOS TO THE TOWN BOARD) I RECEIVED A LETTER FROM MRS . 203 WALTER INDICATING THAT EACH OF YOU WOULD MAKE SITE INSPECTIONS AND WE ARE CURIOUS, WE KNOW SOME OF YOU HAVE BEEN THERE, BUT WE ARE CURIOUS IF EACH OF YOUPIN FACT) HAD INDIVIDUALLY MADE A SITE INSPECTION AND WHAT THE RESULT . OF THAT INSPECTION WOULD BE. THE IMPORTANT THING. AT THIS TIME IS THAT WE WOULD DEMAND THAT THE TOWN BOARD LIVE UP TO THE PROMISE MADE TO THE RESIDENTS OF HUMMINGBIRD LANE, WHICH ARE AHE CONSTITUENTSIAND REVOKE THE MOBILE HOME PERMIT, BECAUSE THERE HAS NOT -B OMPLIANCE WITH THE SPIRIT IN WHICH THE CONDITIONS WERE IMPOSED. THAT IS THAT THE MOBILE HOME WAS SUSPOSED TO BE SCREENED FROM THE HUMMINGBIRD LANE RESIDENTS AND IT IS NOT. j COUNCILMAN EISENHART- I WENT UP THERE TODAY, THERE ARE TREES IN, THEY DO NOT COMPLETELY CUT OFF THE VIEW BUT THE TREES) SIX OR EIGHT OF THEM- . . . THEN THE SIDING HAS BEEN PLACED ON MOST OF THE SIDE OF THE TRAILER- THERE IS ONLY ONE HOUSE WHICH ANYONE. CAN SEE A SIDE OF THE TRAILER THAT -' WOULD LOOK LIKE A TRAILER SIDE, THAT IS THE LAST ONE ON THE LEFT. ATTORNEY SCHACHNER- CERTAINLY TREES HAVE BEEN PLANTED, BY NO MEANS AM �- I CONTENDING THAT THEY HAVE NOT BEEN, ALL I AM CONTENDING IS THAT YOU AND THE TOWN BOARD WENT ON RECORD AS SAYING THAT THE REASON FOR PLANTING THE TREES IS TO COMPLETELY HIDE THE HALL MOBILE HOME . COUNCILMAN EISENHART- NO TO SCREEN IT. ATTORNEY SCHACHNER- WELL, THERE ARE TOWN BOARD MINUTES WHICH YOU HAVE IN FRONT OF YOU OF DECEMBER 28TH AT WHICH TIME YOU WILL BEE SPECIFICALLY QUOTED LANGUAGE TO THE EFFECT THAT THE REASON FOR IMPOSING THE CONDITIONS IS TO COMPLETELY HIDE, OR RATHER THE WAY IT IS PHRASED) BELIEVE IS SO THE RESIDENTS COULD NOT BE ABLE TO SEE THE HALL MOBILE HOME BY SUMMERTIME. IN THE TOWN BOARD MINUTES OF DECEMBER 28, 1982 STARTING WITH MR. URCH ' S COMMENTS ON WETHER OR NOT THE TOWN BOARD WAS GOING ON RECORDOTHAT BY SUMMER WE WILL NOT BE ABLE TO SEE THE TRAILER AND YOU WILL NOTE THE RESPONSE THERE FROM SUPERVISOR WALTER TO THAT EFFECT. THAT IS ALL WE ARE ALLEGING TODAY THAT YOU HAVE BEEN SOMEWHAT RESPONSIVE TO THE NEEDS OF THE PEOPLE BY INDICATING THAT CONDITIONS SHOULD BE IMPOSED ON THE PERMIT APPROVAL, THAT THE PURPOSE OF THESE CONDITIONS IS SO, THAT THESE AREA RESIDENTS WILL NOT BE ABLE TO SEE THE MOBILE HOME BY SUMMERTIME . THAT IS ALL WE DEMAND AND IF WE CANNOT GET i#HAT WE DEMAND) THAT THE PERMIT BE REVOKED. AS SOON AS THERE IS SOME APPROPRIATE SCREENING WHEREBY RESIDENTS OF HUMMINGBIRD LANE ARE NOT ABLE TO SEE THIS MOBILE HOME, IT IS PERFECTLY ACCEPTABLE TO US . SIMPLY STATED� IT IS OUR CONTENTION THAT THIS ALLEGED COMPLIANCE MAKES A MOCKERY .` AND A SHAM OF THE REASON THAT YOU HAVE IMPOSED THESE CONDITIONS . ' TREES HAVE BEEN PLANTED AND SIDING HAS BEEN BEGUN,) IT IS OUR CONTENTION THAT SIDING IS NOT THE MAJOR ISSUE ONLY BECAUSE WHILE WE ARE ALL FOR SIDING) THAT STILL DOES NOT HIDE THE MOBILE HOME . WE ARE PARTICULARLY CONCERNED WITH IS THE EVERGREEN SCREENING WHICH SEEMS AS A POTENTIALLY APPROPRIATE RESPONSE TO THE PROBLEM) THE ONLY PROBLEM BEING SO AAR THAT IT DOES NOT COMPLETELY SCREEN THE MOBILE HOME . I HAVE BEEN THERE MYSELF AND FRANKLYj I WOULD BELIEVE THERE ARE MORE THAN ONE RESIDENCE FROM WHICH THE MOBILE HOME IS VISIBLE . COUNCILMAN EISENHART- AS FAR AS I CAN TELL FROM THE REPORT OF OUR BUILDING DEPT. AND WHAT I SAW UP THERE TODAY� THE HALL'S HAVE MET THE SPECIFIC REQUIREMENTS WE GAVE THEM IN THAT LETTER AND EVEN THOUGH I HAVE TO ADMIT YOU CAN STILL SEE THAT THERE IS A BUILDING THROUGH THE EVERGREEN TREES, EVERGREENS STILL HAVE BEEN PLANTED AND THE TRAILER HAS BEEN PARTffAL,L.�' BEEN SIDED, YOU ARE NOT LOOKING AT TRAILER SIDING.,YOU ARE LOOKING AT WOODEN SIDING, WHICH MAY BE BETTER. ATTORNEY SCHACHNER- WE DO NOT HAVE ANY SPECIFIC PROBLEMS WITH THE SIDING THE SIDING ONLY HAD TO BE COMMENCED BY JUNE 1ST. THE SIDING HAS CERTAINLY BEEN COMMENCED BY JUNE 15T . THE REAL PROBLEM IS TWO FOLDjONEjTHE BROADER PROBLEM WOULD BE SIMPLY THAT YOU AS A TOWN BOARD HAVE ADDRESSED THE NEEDS OF THEE CONSTITUENTS BY INDICATING THAT BY SUMMERTIME WE WILL NOT BE ABLE TO SEE THE MOBILE HOME AND BY YOUR OWN ADMISSION THEY STILL CAN SEE THE MOBILE HOME . COUNCILMAN EISENHART- YOU CAN SEE THE WOODEN BUILDING. . . ATTORNEY SCHACHNER- THE FACT IS THAT YOU HAVE ADMITTED THAT YOU CAN SEE THE MOBILE HOME FROM SEVERAL PLACES . IF AS A TOWN BOARD YOU WANTED TO PLAY THE GAME OF WHETHER THERE HAS BEEN STRICT COMPLIANCE OR NOTE I MIGHT FURTHER ADD THAT I BELIEVE THE LETTER FROM MR. LYNN OR MR. DEAN INDICATES THAT THE TREES MEASURE BETWEEN FIVE AND SIX FEET IN HEIGHT . I BELIEVE IF YOU WANT TO HAVE STRICT COMPLIANCE, YOU WILL NOTICE THAT THE CONDITIONS CALL FOR SIX FOOT HIGH EVERGREENS . I HAVE NOT INTRUDED i �0 4 ON THE HALL ' S PROPERTY AND MEASURED THE EVERGREENS MYSELF BUT BEING FIVE FOOT ELEVEN I CAN TELL YOU THAT THERE ARE CERTAINLY NOT ALL SIX FOOT HIGH EVERGREENS. I CONSIDER THAT A NON-CRUCIAL ISSUE THE PRECISE NUMBER OF INCHES) NOR DO I CONSIDER THAT THE TOWN BOARD YOU SHOULD CONSIDER IT AS A CRUCIAL ISSUE- I THINK THAT YOU ADDRESS THE NEEDS OF THE TOWN CONSTITUENTS IN A PROPER MANNER BY SAYING THAT THE MOBILE HOME SHOULD BE SCREENED SUCH THAT RESIDENTS OF HUMMINGBIRD LANE WOULD NOT BE ABLE TO LOOK AT THE MOBILE HOME . THE SITUATION NOW IS THAT SEVERAL RESIDENTS LOOK AT IT LITERALLY OUT OF THEIR LIVING ROOM PICTURE WINDOW, OTHER$LOOK AT IT IN A DIFFERENT PARTS OF THEIR PROPERTY AND LOOK AT IT AT DIFFERENT ASPECTS OF THEIR LANDjNOT NECESSARILY WITHIN THEIR RESIDENCES . WE CERTAINLY AGREE THAT SOME ATTEMPT OF COMPLIANCE HAS BEEN MADE WE ARE NOT DETRACTING FROM THAT NECESSARILY] WE ARE ONLY SAYING THAT THE REASON FOR WHICH YOU IMPOSED THE CONDITIONS HAS SIMi12Y-. NOT BEEN MET AND FURTHERMORE I WOULD LIKE TO POINT OUT THE FACTUAL MATTER THAT SEVERAL OF THE AREA RESIDENTS DID WITNESS THE ATTEMPTED COMPLIANCE AND THE j ENTIRE AMOUNT OF EFFORT PUT FORTH-.IN COMPLYINGjI AM REFERRING TO THE i EVERGREEN SCREENING I AM NOT REFERRING TO THE SIDING-WAS APPROXIMATELY FIFTEEN MINUTES OF TRANSPLANTING TREES WITHOUT THEIR ROOTS IN A MANNER SUCH THAT IT IS LIKELY THE TREES WILL NOT SURVIVE. AGAIN THAT IS LOOKING AT THE FUTURE AND I DO NOT KNOW THAT WE NECESSARILY HAVE TO ADDRESS THAT ISSUE-WE CANNOT SPECULATE NECESSARILY THE SURVIVAL OF TREES OR LACK THEREOF . I THINK WHAT IS IMPORTANT AS YOU YOURSELF HAS JUST MENTIONED SIR, SIMpLyi, YOU CAN STILL SEE THE MOBILE HOME FROM MANY MANY AREAS ON HUMMINGBIRD LANE . AS A TOWN BOARD, I THINK YOU RESPONDED TO THE NEEDS OF YOUR CONSTITUENTS BY SAYING) BY SUMMER WE WILL IMPOSE THESE CONDITIONS SUCH THAT BY SUMMERTIME THE PEOPLE ON HUMMINGBIRD LANE WILL NOT BE ANNOYED BY THIS EYE-SORE . COUNCILMAN OLSON- I WAS THERE LAST WEEK, ONE TIME IN MAY AND ONE TIME THE WEEK BEFORE THAT AT THAT TIME PART OF THE SIDING, THE SIDING WAS STARTED ON THE ONE SIDE FACING HUMMINGBIRD, THERE WAS NOTHING ON THE END. THE LAST TIME I WAS THERE THERE WAS NOTHING ON THE END BUT THE TREES WERE THERE AND I DOUBT THAT THEY WERE SIX FOOT . I DROVE UP TO THE RIGHT OF WAY I THOUGHT THEY WERE FOUR TO FIVE FEET MYSELF. ATTORNEY SCHACHNER- WELL, IT SEEMS TO ME THAT THE TOWN BOARD HAS TO BASE'' YOUR DECISION ON WHAT-EVER YOU MADE THAT SIGHT INSPECTION AND I GATHER THAT TWO MEMBERS AGREE THAT CERTAINLY THE MOBILE HOME IS VISIBLE FROM HUMMINGBIRD LANE AND FURTHERMORE I BELIEVE THAT MR. LYNN 'S LETTER INDICATED THAT TREES, IF YOU WANT TO PLAY THE STRICT COMPLIANCE GAME, MR. LYNN 'S LETTER INDICATE S, THAT THE PERMIT CONDITIONS HAVE NOT BEEN STRICTLY COMPLIED WITH IN THE SENSE THAT THE TREES ARE NOT OF THE REQUIRED HEIGHT . FURTHERMORE I WOULD AGAIN POINT OUT MYSELF AND MY CLIENT THAT THE IMPORTANT FACTOR HERE IS THE TOWN BOARD PROMISE TO ITS CONSTITUENTS THAT THE MOBILE HOME WOULD NOT BE VISIBLE TO THE RESIDENTS OF HUMMINGBIRD LANE. IT WAS A PERFECTLY REASONABLE REQUEST- I BELIEVE THAT THE TOWN BOARD RESPONDED WITH A REASONABLE ONE AS WELL . ANY APPROPRIATE SCREENING THAT CAN BE UNDERTAKEN TO SHELTER OR COMPLETELY HIDE THAT MO EILE HOME WILL BE ACCEPTABLE TO MY CLIENTS . SUPERVISOR WALTER- THANK YOU FOR YOUR COMMENTS DOES THE BOARD HAVE ANY QUESTIONS OR ANYTHING YOU WANT TO ASK? COUNCILMAN MONAHAN- I HAVE A QUESTION FOR MRS . HALL. . .WHAT KIND OF PINE TREES DID YOU A L CE THERE? P MR. HALL- I DO NOT KNOW. . . SCOTH-WHITE PINE. . . COUNCILMAN MONAHAN- THERE IS QUITE A DIFFERENCE ON HOW THEY ARE GOING TO GROW WHETHER OR NOT THEY WILL BE SCREENING IN THE FUTURE . . . MR. HALL- I CAN GET BACK TO YOU ON THAT, BUT I KNOW THAT THEY ARE EVERGREENS I COUNCILMAN MONAHAN- YES, THERE IS NO DOUBT OF THAT. . . BUT OUR NATIVE WHITE PINE ARE VERY POOR TO SCREEN WITH BECAUSE AS THEY GROW' IN HEIGHT� THE BASE OF THEM GETS VERY SPARCE . ATTORNEY SCHACHNER- IF I MAY ADDRESS THAT QUESTION AS WELL WITHOUT BEING A HORTICULTURAL EXPERT MYSELF, I DO HAVE REASON TO BELIEVE THAT THE PINES TRANSPLANTED HAVE BEEN WHITE PINE AND THAT MAY IN FACT BE ONE OF THE REASONS THAT THEY ARE NOT PROVIDING THE SCREENING AS THE OTHER TYPE OF PINES PROVIDE. AGAIN I THINK THAT THE FACT THAT THE APPLICANT IS NOT AWARE OF WHAT TYPE OF TREE WAS TRANSPLANTED.05HOWS THAT THE APPLICANT IS ATTEMPTING TO MAKE A SHAM OF THE CONDITIONS . I� MR. HALL I OBJECT TO THAT. i 205 SUPERVISOR WALTER- I DO NOT WANT TO GET INTO A DEBATE, YOU MAY RESPOND MRS . HALL) WHEN MR. SCHACHNER RELINQUISHES THE FLOOR. ATTORNEY SCHACHNER- SIMPLY STATED,, I TAKE MHAT AS ANOTHER INDICATION OF THE FACT THAT i MENTIONED4 THAT THE CONDITIONS, WHILE OBVIOUSLY SOME ATTEMPT IS BEING MADE TO COMPLY, WE MAINTAIN THAT THE ATTEMPT IS INADEQUATE WE WOULD THEREFORE DEMAND THAT THE PERMIT- BE REVOKED AT THIS TIME . , i I COUNCILMAN MORRELL- MR. SCHACHNER YOU HAVE A COPY OF A LETTER THAT I HAVE HERE DATED 12-23-82 THAT WAS SENT TO MRS. HALL INDICATING THAT FIVE SIX FOOT HIGH EVERGREENS OF YOUR CHOICE BE INSTALLED TO CREATE SCREENING - ALONG YOUR PROPERTY BORDERING HUMMINGBIRD LANE-WERE THE RESIDENTS OF ' HUMMINGBIRD LANE AWARE OF THIS LETTER? ATTORNEY SCHACHNER- I WILL ANSWER THAT QUESTION AS STRAIGHT FORWARD AND HONESTLYjTHAT THE TOWN BOARD SENT AN ADDITIONAL AND SEPERATE LETTER TO THE RESIDENTS OF HUMMINGBIRD LANE, tNOT A COPY OF THIS LETTER, WHICH -PHRASED THE SAME CONDITIONS IN A MUCH MORE . . . FASHION . . . THE LETTER TO --ONE OF MY CLIENTS STATING I AM PARAPySING HERE NOT QUOTING C WILL SHOW THE LETTER IF YOU WOULD LIKE) TO ADDRESS YOUR NEEDS WE ARE IMPOSING CONDITIONS UPON THIS PERMIT THAT THE HALLS MUST PROVIDE APPROPRIATE EVERGREEN SCREENING . IT DID NOT SAY NOW MANY TREES . MY POINT IS -EXACTLY THAT THERE IS A LOT OF DISCRETSONN HERE, THERE IS A LOT OF -DI,SCRETION:. OF THE TOWN BOARD AND THE WAY YOU PHARSE EVERGREENS OF YOUR CHOICEJI HAVE NO PROBLEM WITH ANY KIND OF EVERGREEN THAT GOES UP AS LONG AS IT WILL DO THE JOB. WHAT I MEAN BY) DO THE JOB.JIS LIVE UP TO THE REPRESENTATION THAT YOU HAVE MADE TO YOUR CONSTITUENTS) THAT THEY WILL NOT BE ABLE TO SEE THE MOBILE HOME-OBVIOUSLY IF YOU PLANT ENOUGH WHITE PINES TALL ENOUGH AND DENSE ENOUGH, WHITE PINE WOULD DO THE JOB ALSO. IF YOU WANT TO PLAY THE STRICT COMPLIANCE GAME I MAINTAIN THAT THERE UAS?!QQT BEEN STRICT COMPLIANCE SIMPLY DUE BECAUSE T�E HEIGHT IS INAPPROPRIATE, AS I BELIEVE ONE OF THE TOWN BOARD MEMBERS IS AWARE . HOWEVER I THINK IT> IS MOST IMPORTANT THAT YOU SIMPLY IMPOSE THE POSITION BASED ON THE SPIRIT IN WHICH YOU INTENDED - IT, THAT BEINGjTO RENDER THE MOBILE HOME INVISIBLE IF YOU WILL FROM HUMMINGBIRD LANE . I COUNCILMAN MORRELL- THE LETTER THAT I HAVE HEREjTHE HALL'S HAVE COMPLIED. . . p ACCORDING TO THE REQUEST OF OUR LETTER I WOULD SAY THAT THEY HAVE COMPLIED. I ATTORNEY SCHACHNER- I WOULD MAKE SEVERAL COMMENTS ON THAT, MY FIRST j COMMENT WOULD BE THAT IF YOU LOOK AT THE MINUTES OF THE TOWN BOARD MEETING OF DECEMBER 28TH) YOU WILL SEE THAT THE TOWN BOARD INDICATION WAS THAT THE REASON FORKIIMPOSING THIS CONDITION IS "WE DO NOT WANT THE PEOPLE IN THE NEIGHBORHOOD TO SEE THE TRAILER BECAUSE THEY HAD OBJECTIONS TO SEENING THE TRAILER, SO LETS NOT LET IT BE SEEN. FURTHER TOWN BOARD STATEMENT "THAT IS WHAT THIS BOARDS BY MAKING'�THESE STIPULATIONS. HAS SAID TO MRS . HALL. WE HAVE ASKED YOU TO PUT THESE IN SO THE RESIDENTS SO THAT THE MOBILE HOMEjWOULD BE SCREENED FROM THE RESIDENTS IN THE NEIGHBORHOOD. " THAT IS THE FIRST PART OF MY RESPONSE. THE SECOND RELATIVE TO THE ACTUAL LETTER. . .ALLOWING THE MOBILE HOME TO BE VISIBLE TO ANY ADJOINING PROPERTY OWNERS . . WE THEREFORE REQUEST ETC . IT SEEMS CLEAR THAT THE TOWN BOARD MAKES THAT REQUEST TO REMEDY THE PROBLEM MENTIONED I5 THE FIRST SENTENCE. COUNCILMAN EISENHART- NOT TO BEFIT IS NOT CLEAR AT ALL, I THINK THAT THERE -WAS AN ATTEMPT TO CUT OFF THE SIGHT OF THE TRAILER AT LEAST IN MY RECOLLECTION} WOODEN SIDING IS NOT THE SIGHT OF THE TRAILER. . .WHEN YOU PUT SIDING ON IT CEASES TO BE WHAT I WOULD NORMALLY THINK OF AS A TRAILER. I REALIZE THAT FIVE OR SIX EVERGREENS IS NOT GOING TO COMPLElB_Y SHUT OFF ANY VIEW BUT IT WILL BREAK UP THE VIEW SO THAT IF YOU DRIVE DOWN THE STREET] AND I DID SO THIS MORNING) YOU LOOK OVER THERE AND THERE IS A WOODEN BUILDING DOWN THERE UNTIL YOU GET CLEAR DOWN TO THE END AND OVER ON THE LEFT SIDE AND THEN YOU CAN SEE PAST WHERE THE SIDING HAS BEEN PUT ONjIT HAS NOT GONE ` ALL THE WAY DOWN THE SIDE. ATTORNEY SCHACHNER- I THINK I UNDERSTAND WHAT YOU ARE SAYING, I HAVE TWO COMMENTS TO MAKEJTHE FIRST, AS I AM SURE YOU ARE WELL AWARE BY OUR TOWN -0 RDINANCE) ONCE A MOBILE HOME ALWAYS A MOBILE HOME-I THINK YOU ARE ALL AWARE OF THAT. BEING THAT YOU SIDE IT AND ALL KINDS OF OTHER THINGS IT IS' ' STILL A MOBILE HOME, SPEAKING ON BEHALF OF MY C.LIENTSjYOUR CONSTITUENTSf THEY DO NOT FEEL THAT SIDING ALONE IS NOT ENOUGH-AS A TOWN BOARD IT SEEMS CLEAR THAT YOU THINK THAT TWO ASPECTS MUSH BE CREATED) ONE BEING THE EVERGREENS TO SEAL i THE VISIBILITY OF THE MOBILE HOME AND THE FURTHER REQUIREMENT ABOUT THE SIDING. AGAIN, IF I COULD ADDRESS YOUR COMMENTSjYOU SAID IT SEEMS TO YOU THAT AS FAR AS THAT LETTERjTHERE HAS BEEN STRICT COMPLIANCE..- I WOULD AGAIN POINT OUTFIT SEEM CLEAR TO ME THAT IF YOU WANT TO POINT TO STRICT COMPLIANCE OR THE LACK THERE OFjTHERE IS NOT STRICT COMPLIANCE 206 BECAUSE WE DO NOT HAVE SIX FOOT HIGH EVERGREENS . GIVEN THAT THE TOWN BOARD WENT SO FAR AS TO REQUIRE A HEIGHT REQUIREMENT, IT SEEMS CLEAR ITIS THE LEAST THE APPLICANT COULD DOjWOULD BE,jMEET THE HEIGHT REQUIREMENT . COUNCILMAN MORRELL- THAT PART I AGREE ATTORNEY SCHACHNER- I BELIEVE GENERALLY SPEAKING YOU EIT-HEg COMPLY OR YOU I DON 'T. . . COUNCILMAN MORRELL- THERE ARE EVERGREEN AND YOU CAN HAVE SKINNY I EVERGREENS ATTORNEY SCHACHNER- THIS RELATES TO HEIGHT I BELIEVE I t 1 COUNCILMAN MORRELL- THEY CAN HAVE THE HEIGHT ONE CAN BE VERY THICK ONE COULD BE SCRAWNY. 1 3 ATTORNEY SCHACHNER- I THINKjIF I CAN FOLLOW YOUR REASONINGjI THINK YOU ARE SAYING IT IS NOT SO IMPORTANT TO MEASURE THE NUMBER OF INCHES AS TO SEE WHAT THE ACTUAL GOAL IS FURTHERED. WOULD YOU AGREE WITH THAT? COUNCILMAN MORRELL- YES AMRNEY SCHACHNER- ALL I AM SAYING IS VISIBILITY IS THE GOAL OR INVISIBILITY IS THE GOAL, I THINK WE ARE IN AGREEMENT THAT A PRECISE NUMBER OF INCHES IS NOT THE ESSENTIAL ISSUES THE CENTRAL ISSUE IS WHETHER YOU AS A TOWN BOARD HAVE LIVED UP TO YOUR PROMISE TO YOUR CONSTITUENTS TO MAKE IT SO THEY CANNOT SEE THIS MOBILE HOME THIS SUMMER. I WAS ONLY COMMENTING ON THE SPECIFIC NUMBER OF INCHES IN ADDRESSING YOUR COMMENTS THAT IT SEEMS TO YOUjVIEWING IT MOST STRICTLY THERE HAS BEEN COMPLIANCE-WHAT I AM SAYING IF YOU WANT TO VIEW IT MOST STRICTLYjTHERE HAS NOT BEEN COMPLIANCE SIMPLY ON THE LACK OF HEIGHT OF THE TREES . I DO NOT PERFER TO ANALYSE IT THAT WAY MY OWN -PREFE-RENCE IS TO SIMPLY SAY) YOU HAVE SAID. TO MY ,CLIENTSjWE WILL ENABLE IT SO THAT YOU WON ' T SEE THE MOBILE HOME AND THEY STILL CAN 1 I THINK THAT IS MUCH MORE SIMPLISTIC BUT IN THIS CASE A MUCH MORE PROPER WAY OF ANALYZING THE PROBLEM. I SUPERVISOR WALTER- THANK YOU FOR APPEARINGJI UNDERSTAND YOUR CONCERN IN THE AREAjI DO NOT KNOW IF THIS BOARD WILL MAKE ANY DETERMINATION THIS EVENINGjWE ARE WITHOUT BENEFIT OF OUR COUNSEL. ATTORNEY SCHACHNER- YOU HAVE GONE ON RECORD NOW AS SAYINGjTHAT IN FACT, THIS MATTER WILL BE FURTHER INVESTIGATED BY ADVICE OF TOWN COUNSEL AND THERE WILL BE SOME FUTURE DETERMINATION MADE? COUNCILMAN OLSON- I THINK IT IS FAIR TO SAY THAT WE HAVE A MEETING TWO WEEKS FROM TONIGHT-WE SHOULD HAVE TIME TO TALK TO THE ATTORNEY WHEN HE GETS BACK. Ili SUPERVISOR WALTER- WHAT WE ARE TALKING ABOUT HERE IS INTREPRETATION . . . I ATTORNEY SCHACHNER- I AGREE THAT YOU SHOULD SPEAK WITH YOUR ATTORNEY- I JUST WANTED IT CLEAR FOR THE RECORD THAT YOU ARE GOING TO CONSIDER THIS MATTER BY SEEKING COUNSEL AND THAT THERE WILL BE SOME FURTHER DETERMINATION WITH RESPECT TO THIS DECISION MADE . C SUPERVISOR WALTER- WHAT EVER YOU SAID, YES . C MRS . HALL- IF YOU READ THE PAPER THIS MORNINGJYOU REALIZE THAT I CONSIDER MYSELF VERY LUCKY TO BE ALIVE. I HAVE BEEN IN THE HABIT OF BITINGt- MY TONGUE AND I DID THAT LAST FALL AND THERE WAS QUITE � A PAUSE ON ONE OF YOUR TAPES AND WHAT I MEANT TO SAY THEN, AND WHAT I INTEND TO SAY NOWjIS THAT] IF WE WERE LIVING IN BIBLE TIMES THE PENALTY FOR FALS6Ij ACCUSATIONS OF YOUR NEIGHBOR IS DEATHjSO I GUESS IT IS A GOOD THING THAT WE ARE NOT LIVING IN BIBLE TIMES . ONE OF YOUR TOWN OFFICIALS TOLD ME THAT IF IT CAME DOWN TO THE NITTY - GRITTY HE WOULD SAY THAT SOMEONE FROM THE DEVELOPMENT TOLD HIM THAT NO ONE SAW THIS IN THE PAPER, SAY NOTHING ABOUT FALSE REPRESENTATION) NOBODY EVEN SAW IT. I THINK YOUR RECORDS OF THE MINUTES OF LAST FALL CONTAIN MY ANSWER TO THAT POINT . WE LIVE ON BENNETT ROAD WE DO NOT LIVE AT THE END OF HUMMINGBIRD LANE. I DO NOT KNOW IF THE PAPER THAT YOU WERE HANDED TONIGHT GIVES MY ADVICE TO MRS. WALTERjTHAT WE SHOULD PROBABLY HAVE A LEGAL DEFINITION OF NOjaEjNGABLE TO SEE THE TRAILER-IT SEEMS TO BE THE POINT THAT'S .NUMBER ONE TONIGHT . THE REASON THAT WE DO NOT KNOW WHAT THE TREES AREjIS THAT THEY WERE GIVEN TO US . I DO NOT THINK i j 207 YOU ARE RUNNING BY THE SAME TIME CLOCK THAT WE RUN BY BECAUSE IT TOOK TWO DAYS TO PLANT THE TREES, THE FIRST TREES . IT DEPENDS ON IF YOU ARE MEASURING FROM THE UPHILL SIDE OR THE DOWNHILL SIDE WHETHER THEY ARE SIX FEET . I THINK THAT THERE ARE SIX OF THEM THAT ARE SIX FEET, AND THE ROOTS WERE PLANTED, SOME TREES, SOME EVERGREEN TREES ONLY HAVE ONE ROOT. I THINK THAT IS ALL I WANT TO SAY TONIGHT. COUNCILMAN OLSON- CAN I ASK YOU, I WAS A LITTLE CONFUSED TO BEGIN WITH WHEN YOU WERE TALKING AND I DID NOT QUITE UNDERSTAND WHAT YOU WERE SAYING WHEN YOU SAID A TOWN OFFICIAL WOULD SAY SOMETHING, WERE E YOU IMPLYING THAT THEY WOULD NOT SAY THE TRUTHjIS THAT WHAT YOU MEANT. THAT YOU LIVE AT THE END OF BENNETT ROAD OR YOU DON'T LIVE AT THE END OF BENNETT ROADjI AM REALLY CONFUSED ON THAT ISSUE . MRS. HALL- LAST FALL QUITE A POINT WAS MADE THAT THE ADVERTISING IN THE PAPER WAS FALSE REPRESENTATION-THAT IF PEOPLE HAD SEEN THAT AN APPLICATION WAS BEING MADE FOR A TRAILER AT THE END OF HUMMINGBIRD LANE THAT EVERYONE WOULD HAVE ATTENDED. MY POINT AT THAT TIME WAS THAT IT WAS NOT FALSE REPRESENTATIONjTHAT MY STREET ADDRESS AND MY POST OFFICE ADDRESS FOR THE LAST TWELVE OR THIRTEEN. !YEARS HAVE BEEN BENNETT ROAD. COUNCILMAN MONAHAN- ASKED HOW MANY TREES HAVE BEEN PLANTED? MR. HALL- NINE TREES COUNCILMAN MONAHAN- THEY LOOK TO MBE LIKE THEY ARE IN STAGGERED ROWS? MRS . HALL- WE ASKED MACK DEAN TO COME UP AND SHOW US WHERE HE THOUGHT THE TOWN BOARD MEANT FOR THEM TO BE PLANTED BECAUSE I FELT FROM SOMETHING THAT WAS SAID LAST FALLjIT WAS YOUR INTENTION TO HAVE THEM ALONG THE PROPERTY LINE AND WE JUST KNEW IF THEY WERE PLANTED THERE THEY WOULD NOT COVER ANYTHING. ;SO THEY ARE PLANTED IN A TYPE OF STAGGERED ROW THAT MACK SUGGESTED OR THAT WE TOLD MACK WHAT WE INTENDED TO DO. COUNCILMAN MONAHAN- HOW ARE THESE STAGGERED? MR. HALL-FIVE IN ONE ROW FOUR IN THE OTHER. . . COUNCILMAN MONAHAN- YOU CAN TELL THAT THESE ARE WHITE PINE) THEY HAVE f FIVE NEEDLES COMING OUT OF ONE SECTION AND THAT IS HOW YOU CAN TELL YOUR WHITE PINE. MRS . HALL- WELL FOR SOMEONE WHO DOES NOT KNOW THE-:DIFFERENCE BETWEEN BIRCHES AND BEECHES, YOU "KNOW THAT THEY ARE ',EVERGREENJTHAT IS ALL THAT WAS SPECIFIED IN THE LETTER dOK3AND THEY WERE GIVEN TO US BY A VERY KIND NEIGHBOR. SUPERVISOR WALTER- THANK YOU VERY MUCH . -TABLED AMENDMENT TO THE QUEENSBURY ZONING ORDINANCE COUNCILMAN EISENHART-STEEVE THIS SSEEMEETS THE PARK AGENCIES ARGUMENTS? MR. LYNN- THE DEFINITY�N�J64PRECT THE AP/' CONCERNS, THE BUFFER ZONE REMAINS THE SAME AND THE POSITION ON THE TYPE TWO SITE PLAN REVIEW IN SECTION 10 . 051 REMAINS THE SAME. . THROUGH OUR COUNSEL AND THROUGH THE WARREN CO. PLANNING DEPT. THEY REFERRED IT TO THE DEPT . OF STATE THAT IT IS NOT NECESSARY TO INCLUDE TYPE TWO SITE PLAN REVIEW FOR REFERRALS TO THE COUNTY PLANNING BOARD. COUNCILMAN EISENHART- WE HAVE ELIMINATED THE FIFTY FOOT BUFFER ZONE FOR FARMS? MR. LYNN- THAT IS THE PROPSAL . . . COUNCILMAN OLSON- THERE WAS AN ARGUMENT LAST WEEK, IF A FARM IS A FARM OR LAND IS BOUGHT AND TURNED INTO A FARM WHAT ABOUT THE ADJOINING PROPERTY OWNERS? I AM TALKING ABOUT FARMS THAT HAVE STARTED RECENTLY NOT PRE-EXISTING FARMS THAT STARTED BEFORE THERE WAS ANY ZONING. MR. ROBERTS- I THINK THAT IS GENERALLY TRUE 'AND YET IT STILL. . . SORT OF A DEATH PENALTYp A POOR PRECEDENT . .NOTED THAT CLASS A S B FARMS WOULD COME FOR SITE PLAN REVIEW AND AT THAT TIME THE BOARDS COULD REQUIRE A BUFFER ZONE. . . I 208 COUNCILMAN OLSON- WOULD THE BUFFER ZONE GO ALL THE WAY AROUND THE PROPERTY OR JUST NEXT TO ADJOINING HOUSES . . . COUNCILMAN MONAHAN- WHEN YOU BROAD BRUSH A REQUIREMENT, YOU START OFF TRYING TO PROTECT A::CERTAIN SEGMENT THEN BY BROAD BRUSHING IT YOU PROTECT MORE THAN YOU MEANT TO AND YOU HAVE REALLY DONE DETRIMENT IN THE LONG RUN. COUNCILMAN EISENHART- THE SITE PLAN REVIEW LETS YOU REVIEW EACH CASE . . . I� COUNCILMAN MONAHAN- NOTED NOT ALL FARMS ARE FOR ANIMALSINOTED TRUCK FARMS RESOLUTION TO AMEND QUEENSBURY ZONING ORDINANCE ? R GLUTTON NO . 12q . INTRODUCED BY DR. CHARLES EISENHART WHO MOVED FOR ITS ADOPTION, SECONDED BY MRS . FRANCES WALTER : WHEREAS, THE QUEENSBURY PLANNING BOARD PRESENTED THE TOWN BOARD WITH SEVERAL AMENDMENTS TO THE QUEENSBURY ZONING ORDINANCE AND WHEREAS, THE QUEENSBURY TOWN BOARD SET A PUBLIC HEARING ON MAY 24, 1983 AT 7 : 30 P. M. ON THE PROPOSED AMENDMENTS TO THE ZONING ORDINANCE AND WHEREAS, THE PUBLIC HEARING WAS HELD AT THE SPECIFIED TIME AND PLACE AND ALL INTERESTED PARTIES WERE HEARD ON THE PROPOSED AMENDMENTS TO THE QUEENSBURY ZONING ORDINANCE AND WHEREAS, CERTAIN AMENDMENTS WERE TABLEDUNTIL WRITTEN CORRESPONDENCE WAS RECEIVED FROM APA, NOW, THEREFORE BE IT RESOLVED, THAT THE FOLLOWING AMENDMENTS BE ADDED TO THE QUEENSBURY ZONING ORDINANCE : I i ,I I i i F i I 1 Section 2. 020 DEFINITIONS 1. "Accessory Use Structure" means any building or structure 209 affixed to land or a portion of a main structure or any movable structures in excess of 100 square feet that is located within a required shoreline setback, and are incidental and subordinate to and associated with a per- mitted principal use. 2. "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 features of a building or land use) so as to make said area more attractive, to add visual screening and/or to provide .safety features to assist in protecting life and j 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, flag poles, fences, and traffic malls for the direction of traffic. This does not include any man made object that exceeds the '`- maximum height requirement for a structure in the zone district in which it is located. Landscaping is subject to approval by the Town of nueensbury Planning Board where site plan review is required and subject to review by the Adirondack Park Agency where a project is classified as a Class A or Class B Regional Project. 3. "Structure" means any object constructed, installed or permanently placed on land to facilitate land use and development or subdivision of land, including buildings, sheds, single family dwellings, mobile homes, signs, service station pumps, drive-in or drive through islands with or without canopies, all above ground tanks, and any fixtures, additions and alterations thereto. 4. "Setback" means the horizontal separation distance from the property line or in the case of shoreline property from the mean high water mark to the building line of the structure. (.see Definition No. "Building Line") B) The following recommended amendments remain as originally proposed. 1. 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. 2. Section 10. 051 a) delete Type II Site Plan only from this section New Section 10. 051 a) to read: a) Any variance application, site plan review type I or zoning change application within the following thresholds l` shall be referred to the Warren County Planning Board for their review and comment: 1) Within 500 ' of the Town boundary. 2) Within 500' of an existing or proposed County or State - park or recreation area; - right-of-way, parkway, thruway, road or highway; - stream or drainage channel or easement; - public building or institution. DULY ADOPTED BY THE FOLLOWING VOTE : i AYES : MR. OLSON, DR. EISENHART, MR. MORRELL, MRS . MONAHAN, MRS . WALTER NOES : NONE ABSENT :NONE 210 LTR. ENCON STATE OF NEW YORK DEPT. OF ENVIRONMENTAL CONSERVATION JUNE 101p 1983 DEAR MR. CHASE : I HAVE REVIEWED THE PROPOSED AMENDMENT TO ORDINANCE NO. 34 OF THE TOWN OF QUEENSBURY, A COPY OF WHICH IS ENCLOSED, RELATING TO SPEED IN AN UNNAMED COVE UPON WHICH FISCHERS MARINA IS SITUATED. I HAVE REFERRED THE MATTER TO THE LAKE GEORGE PARK COMMISSION FOR THEIR REVIEW IN THEIR ROLE AS A POLICY ADIVISORY GROUP TO MY OFFICE ON MATTERS RELATING TO LAKE GEORGE. THE PARK COMMISSION HAS RECOMMENDED THAT THIS ORDINANCE NOT BE APPROVED FOR THE FOLLOWING REASONS : 1 . THE COMMISSION HAS EXPRESSED THEIR CONCERN WITH THE INSTITUTION OF RESTRICTIONS WHICH CREATE UNNECESSARY DEVIATIONS FROM NORMAL ' ' RULES OF THE ROAD' ' ON LAKE GEORGE IN AN EFFORT TO PROVIDE UNIFORMITY FOR THE BOATING PUBLIC. 2 , LOCAL SPEED ZONES HAVE HISTORICALLY PRESENTED PROB.LEMS, ONCE AN ORDINANCE IS PASSED, THERE: IS AN OHLIGATION TO PROVIDE MARKERS IDENTIFYING THE AREA WHICH INVOLVES EXPENSES BOTH FOR INSTALLATION AND MAINTENANCE, 3, THE PASSAGE OF THIS ORDINANCE WOULD REQUIRE AN ENFORCEMENT EFFORT WHICH WOULD FURTHER EXTEND THE OBLIGATIONS OF LAW ENFORCEMENT PERSONNEL ON THE LAKE. PROBLEMS ARISE WHEN j INDIVIDUALS EXPECT AN ENFORCEMENT PROGRAM WHICH CANNOT BE ADEQUATELY DELIVERED. IN CHECKING WITH THE LAKE GEORGE BOAT PATROL, THE COMMISSION DID NOT FIND DOCUMEN- TATION OF PROBLEMS OR COMPLAINTS REGARDING SPEED IN THIS AREA. I 4. IT MAY BE POSSIBLE TO MITIGATE PROBLEMS WITH NAVIGATION _ IN THIS AREA IN A MANNER WHICH. IS LESS EXPENSIVE AND MORE CONVENIENT TO THE BOATING PUBLIC. AS YOU KNOWO SECTION 45 2 . OF THE NAVIGATION LAW PRESENTLY CONTAINS SPEED RESTRICTIONS OF FIVE MILES PER HOUR WITHIN 100 FEET OF THE SHORELINE, DOCKS, RAFTS AND ANCHORED VESSELS. IF CHRONIC VIOLATIONS OF THIS LAW ARE OCCURING, WE SHOULD IDENTIFY THE VIOLATORS, ADVISE THEM OF THIS LAW AND TAKE ACTION IF THE WARNINGS ARE NOT EFFECTIVE, IF THE TOWN WISHES TO PROVIDE MY OFFICE WITH ADDITIONAL SUBSTANTIATION OF THE NEED FOR THE SPEED LIMIT REGULATION YOU HAVE PROPOSED, I WOULD BE PLEASED TO CONSIDER THOSE ARGUMENTS FURTHER. T SINCERELY, /S/ HENRY 6. WILLIAMS COUNCILMAN EISENHART- REQUESTED THAT MR . FISCH:ER BE GIVEN A COPY OF THIS COMMUNICATION. LTR. BAY RIDGE FIRE CO. - ON FILE - ADDING MEMBERS JAMES POTTER AND j FRANCIS MARTINDALE COUNCILMAN EISENHART- ANNOUNCED THAT HE IS MEETING WITH THE FINANCE OFFICER OF EACH OF THE FIRE AND EMERGENCY SQUADS TO GO THROUGH. THEIR J RECORDS , REPORTS ON FILE-TOWN CLERK - BUILDING & ZONING LTR. PAUL NAYLOR- OPEN HOUSE AND AUCTION ON JUNE 25, 1983 ON FILE COUNCILMAN OLSON- NOTED THAT HE HAD SEVERAL CALLS FROM RESIDENTS THAT WERE UPSET AT THE CLOSING OF THE LIBRARY ON FRIDAY NIGHT AND SATURDAYS DURING THE SUMMER. . .ASKED THAT THE LIBRARY COMMITTEE MEET !WITH THE LIBRARY REPRESENTATIVES TO DISCUSS THIS PROBLEM. .. OPEN FORUM 9 : 02 P.M. y JOSEPH. DAIRE-GLAD TO SEE THAT THE TOWN HIGHWAY DEPT. IS HAVING AN OPEN HOUSE . . . REQUESTED THAT THE TOWN BOARD PASS AN ORDINANCE NOT ALLOWING TWO PEOPLE ON BIKE, I 211 MR. TURNBULL—PRESIDENT OF THE QUEENSBURY SENIOR CITIZENS CLUB— THANKED THE TOWN BOARD FOR THE PAYMENT MADE TO THE CLUB BEING DONE IN ONE PAYMENT NOT TWO DUE TO THE LATNESS OF THE YEAR. . . RE : THE UNSAFE STRUCTURE LOCAL LAW IT IS LONG OVERDUE . . .ASKED MR. NAYLOR IF THE INDIVIDUAL THAT WAS APPOINTED THIS EVENING WAS HE A SALARY PERSONNEL BEFORE THIS? MR. NAYLOR— NO SUPERVISOR WALTER— LET ME QUAILIFY THAT IT IS AN ADVANCEMENT ON ONE HAND BUT HE MADE MORE MONEY LAST YEAR. . . RESOLUTION TO APPROVE AUDIT OF BILLS RFS01UTION Nn i �n� INTRODUCED BY MRS . BETTY MONAHAN WHO MOVED FOR ITS ADOPTION, SECONDED BY MR. DANIEL MORRELL : t `-- RESOLVED, THAT AUDIT OF BILLS ON ABSTRACT NO. 83-6B AND NUMBERED 844 THROUGH 1028 AND TOTALING $115, 156 . 15 BE AND HEREBY IS APPROVED, AND BE IT FURTHER RESOLVED, THAT AUDIT NUMBER 933 WAS PULLED FROM THE ABSTRACT . DULY ADOPTED BY THE FOLLOWING VOTE : AYES : MR. OLSON, DR. EISENHART, MR. MORRELL, MRS . MONAHAN, MRS . WALTER NOES : NONE ABSENT : NONE ON MOTION THE MEETING WAS ADJOURNED. RESPECTFULLY, DONALD A. CHASE, TOWN CLERK RESOLUTION REGARDING BALTIS PROPERTY RESOLUTION NO. 57, INTRODUCED BY MRS . F MNCES WALTER WHO MOVED FOR ITS ADOPTION, SECONDED BY DR. CHARLES EISENHART : WHEREAS, IT HAS COME TO THE ATTENTION OF THE MEMBERS OF THE TOWN BOARD OF THE TOWN OF QUEENSBURY THAT CERTAIN PROPERTY UPON WHICH WAS SITUATE FORMERLY THE AVIATION DINER HAS RECENTLY SUFFERED FIRE DAMAGE AND HAS BECOME A POTENTIAL HAZARD AND ATTRACTIVE NUISANCE, AND I WHEREAS, THE OWNERS OF THE SAID PROPERTY HAVE BEEN NOTIFIED TO TAKE APPROPRIATE STEPS, TO REPAIR AND/OR SECURE THE PREMISES IN ORDER TO ALLEVIATE THE POTENTIAL HAZARD, AND WHEREAS, THE TOWN FIRE PROTECTION OFFICER HAS REQUESTED PERMISSION TO COMMENCE TOWN COURT PROCEEDINGS TO COMPEL COMPLIANCE WITH APPLICABLE FIRE AND SAFETY ORDINANCES, AND WHEREAS, THE TOWN BOARD OF THE TOWN OF QUEENSBURY DEEMS IT NECESSARY TO TAKE FURTHER ACTION, THEREFORE BE IT ! RESOLVED, THAT UNLESS SUCH POTENTIAL DANGER AND HAZARDS ARE ALLEVIATED IMMEDIATELY, APPROPRIATE LEGAL PROCEEDINGS ARE HEREBY AUTHORIZED TO �--- ALLEVIATE THE PROBLEM. DULY ADOPTED BY THE FOLLOWING VOTE : AYES : MR. OLSON, DR. EISENHART, MR. MORRELL, MRS . MONAHAN, MRS . WALTER NOES : NONE ABSENT : NONE 1 I 212 RESOLUTION GIVING CONDITIONAL APPROVAL TO TOP O ' THE WORLD PROJECT RESOLUTION NO. 82, INTRODUCED BY MR. DANIEL MORRELL WHO MOVED FOR ITS ADOPTION, SECONDED BY DR. CHARLES EISENHART: WHEREAS, SECTION 15 . 04(C) OF THE TOWN OF QUEENSBURY ZONING ORDINANCE PROVIDES FOR THE ISSUANCE OF CONDITIONAL APPROVAL BY THE TOWN BOARD OF AN APPLICATION FOR A PLANNED UNIT DEVELOPMENT, AND WHEREAS, SUCH APPLICATION SUBMITTED BY RALPH BOICE BY HIS ATTORNEY, FRANK V. DESANTIS, FOR CONDITIONAL APPROVAL OF THE TOP 0' THE WORLD PROJECT IS NOW PENDING FOR THE TOWN BOARD IN ACCORDANCE WITH THE AFORESAID SECTION, AND WHEREAS, THE PLANNING BOARD FOR THE TOWN OF QUEENSBURY GAVE ITS j FINAL APPROVAL OF PHASE I AND FINAL CONCEPTUAL APPROVAL OF THE ENTIRE PROJECT, THEREFORE BE IT RESOLVED, THAT THE TOWN BOARD OF THE TOWN OF QUEENSBURY HEREBY ISSUE ITS CONDITIONAL APPROVAL OF PHASE I OF THE TOP 0' THE WORLD DEVELOPMENT SUCH CONDITION BEING APPROVAL AND COMPLIANCE WITH ALL CONDITIONS BY ANY AND ALL PERMIT ISSUING AGENCIES HAVING AUTHORITY AND SUCH OTHER CONDITIONS. THAT THE TOWN BOARD DEEMS REASONABLE AND NECESSARY. DULY ADOPTED BY THE FOLLOWING VOTE : AYES : MR. OLSON, DR. EISENHART, MR. MORRELL, MRS . MONAHAN, MRS . WALTER NOES : NONE ABSENT : NONE I i l b