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1983-07-12 239 QUEENSBURY TOWN BOARD MEETING JULY 12 , 1983 I 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 GUESTS: MR. SPADARO , MR. DAIRE , LEAGUE OF WOMEN VOTERS OFFICIALS : MR. PAUL NAYLOR , MR. MACK DEAN -MEETING OPEN8D:7 :36 P. M. PLEDGE OF ALLEGIANCE LED BY COUNCILMAN OLSON THE QUEENSBURY TOWN BOARD OPENED AS THE QUEENSBURY BOARD OF HEALTH PUBLIC HEARING-NOTICE SHOWN-SEWAGE VARIANCE OF J . D. WILSON OF RE XFORD, N.Y. PROPERTY ON GLEN LAKE AND ELM ROADSIN THE TOWN OF QUEENSBURY SUPERVISOR WALTER- THIS IS A SEWER VARIANCE FROM OUR SANITARY SEWER j CODE COUNCILMAN EISENHART- THERE IS NO WAY HE CAN GET THE 150 ' ? MACK DEAN- NOT REALLY, THERE ARE OTHER CONSIDERATIONS , NEIGHBORS WELLS OR TOO CLOSE TO THE LAKE. I TALKED WITH MR. WILSON TODAY` HIS WIFE IS NOT WELL AND HE IS OLDER AND FELT HE COULD NOT DRIVE THIS DISTANCE , THE INDIVIDUAL LISTED ON THE APPLICATION AS THE AGENT IS NO LONGER INTERESTED, I HAVE HAD A CALL FROM ANOTHER -INDIVIDUAL INTERESTED IN THIS PROJECT , THEREFORE MR. WILSON DOES NOT HAVE ANYONE HERE TO-NIGHT AS HIS AGENT. . . SUPERVISOR WALTER- LEGALLY WE ARE NOT IN ANY POSITION TO PASS ANYTHING BECAUSE THE APPLICATION HAS NOT BEEN SIGNED. WE WILL TAKE TESTIMONY FROM THE PUBLIC BUT WILL NOT TAKE ANY ACTION ON THIS UNTIL THE APPLICATION IS SIGNED. . . MACK DEAN- MR. WILSON HAS THE ORIGINAL APPLICATION WITH HIM HE DID SIGN IT IN MY OFFICE AND INADERTENTLY TOOK IT WITH HIM WHEN HE LEFT , HE HAS NOT BEEN BACK UP HERE TO RETURN THE ORIGINAL. . . COUNCILMAN EISENHART- IF AT SOME FUTURE DATE THE TOWN BOARD PASSES THIS VARIANCE IS IT POSSIBLE TO ADD RESTRICTIONS TO HAVE THE WELL TESTED ONCE A MONTH ? TOWN COUNSEL- YOU HAVE THE AUTHORITY TO CONDITION THE VARIANCE, THE QUESTION IS HOWjIN A PRACTICAL MATTERjHOW WOULD THE APPLICANT COMPLY AND PROVIDE THE MATERIAL. . . MACK DEAN- WHO IS TO DO THE TESTING? THE DISTANCE WE ARE LOOKING AT IS APPROXIMATELY 130 FEET RATHER THAN 150 ' COUNCILMAN OLSON- THE TOWN OF QUEENSBURY WATER DEPT. AND THE HOSPITAL TEST WATER. . .NOTED THAT THERE IS A CHARGE . . . SUPERVISOR WALTER- RECOMMENDED THAT A TEST BE RUN ON THE WATER YEARLY. . . COUNCILMAN OLSON- IT WOULD BE THE PROPERTY OWNER'S RESPONSIBILITY TO GET THE RESULTS TO THE BUILDING AND ZONING DEPT . -IF THE PERSON DID NOT DO IT., THE OCCUPANCY PERMIT COULD BE REVOKED. . . . COUNCILMAN EISENHART- MR. DEAN , DO YOU RECOMMEND THAT THIS BE ALLOWED? MR. DEAN- YES , I WOULD. COUNCILMAN MONAHAN- IS THE SEPTIC TANK ONLY 50 ' FROM THE WELL? MR. DEAN-NO 130 ' THE TANK WOULD BE A MINIMUM OF 50' RIGHT. 240 COUNCILMAN MONAHAN- THAT IS IN NOW? MR. DEAN- HE DOES HAVE AN EXISTING SYSTEM, 50 ' IS THE REQUIRED DISTANCE FOR A SEPTIC TANK , r 100 ' IS REQUIRED FOR A LEACH FIELD AND 150 ' FOR A DRY WELL SYSTEM, FROM A WELL. MR. PAT SPADARO- NEXT DOOR NEIGHBORS TO THE PROPERTY IN QUESTION. . . REQUESTED TO SEE THE PROPOSED SEPTIC SYSTEM LAYOUT . . . ( MR. DEAN SHOWED HIM THE MAP ) I HAVE NO OBJECTION TO THAT. COUNCILMAN EISENHART- HOW FAR IS THAT FROM YOUR WELL? MR. SPADARO-MORE OR LESS 100 ' THIS HAS BEEN GOING ON FOR YEARS- ALL THEY HAVE IS A SMALL BUILT UP BLOCK TANK THAT THEY HAVE NOW IT IS LEACHING OUT ON TO THE GROUND AND RUNNING OUT OVER THE BANK . COUNCILMAN MONAHAN- ARE YOU SAYING THIS IS NOT A SEPTIC TANKjIT IS j CEMENT BLOCK? �.••/ MR. SPADARO- IT IS A BOCK TANK IT IS ONLY A SMALL TANK. MR. DEAN- THE OLD TANK IS NEXT TO THE HOUSE . . . SUPERVISOR WALTER- MR. SPADARO , WHAT YOU ARE SAYING IS THAT THIS WILL BE AN IMPROVEMENT? MR. SPADARO- YES COUNCILMAN MORRELL- IT LOOKS THAT THERE WOULD BE MORE OF A PROBLEM TO THE LAND OF MR. DONOHUE . COUNCILMAN EISENHART- WHEN WAS THE LAST TIME YOU HAD YOUR WELL TESTED? MR. SPADARO- WHEN WE FIRST PUT IT IN , WE SENT IT DOWN TO THE HOSPITAL THEY SENT IF BACK , THEY DID NOT GIVE ME A YES OR NO , THEY WERE RIGHT ON THE LINE. I WOULD LIKE IT TESTED) BUT I CAN 'T FIND OUT WHERE TO TAKE IT. SUPERVISOR WALTER- SUGGESTED THAT HE CALL THE WATER DEPT FOR THAT INFORMATION . . . COUNCILMAN MONAHAN- I DO NOT THINK MR. MORRELL HAD HIS QUESTION ANSWERED REGARDING THE DONOHUE PROPERTY? MR. DEAN- AS FAR AS I KNOW, THE LAND IS VACANT, IT IS VERY LOW TERRAIN NOT WONDERFULLY SUITABLE FOR BUILDING BUT IT COULD BE AT SOME POINT IN TIME. OUR REQUIRED SEPERATION DISTANCE FROM THE PROPERTY LINE IS TEN FEET SO HE IS WITHIN THAT DISTANCE. MR. SPADARO- WHAT HE IS SPEAKING ABOUT WAS A BOG LAND AND WAS FILLED IN TO BRING IT UP TO LEVEL , IT IS SATURATED WITH WATER. . . SUPERVISOR WALTER- ASKED FOR FURTHER COMMENTS- IF NOT I WOULD INDICATE THAT THE BOARD WILL TAKE NO ACTION UNTIL WE HAVE A SIGNED APPLICATION MR. DEAN IF YOU WOULD GET THAT INFORMATION TO THE APPLICANT. . . WE WOULD THEN ACT AS A EOARD OF PUBLIC HEALTH AS SOON AS WE RECEIVE THE SIGNED APPLICATION IT WILL THEN ACT WITHOUT ANY FURTHER PUBLIC HEARING. HEARING CLOSED 7 : 52 P. M. QUEENSBURY TOWN BOARD CONVENES RESOLUTIONS RESOLUTION TO APPROVE TOWN BOARD MINUTES RESOLUTION NO . 144 , INTRODUCED BY DR. CHARLES EISENHART WHO MOVED FOR ITS ADOPTION , SECONDED BY MR. DANIEL MORRELL : RESOLVED , THAT THE TOWN BOARD MINUTES OF JUNE 28TH 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 241 RESOLUTION TO GRANT ONE YEAR EXTENSION OF FULL ABANDONMENT PROCEDURES ^RFS01 IITTf1N Nn �A.5., INTRODUCED BY MR. DANIEL MORRELL WHO MOVED FOR ITS ADOPTION , SECONDED BY MRS. BETTY MONAHAN : WHEREAS, THE NORTHWAY PLAZA IS CONTINUING A TOTAL REHABILITATION AND REDEVELOPMENT OF THAT PROPERTY , AND WHEREAS, SEVERAL PARTIES HAVE SHOWN INTEREST IN LEASING IN THE NORTHWAY PLAZA , AND WHEREAS, CHRISTOPHER ASSOCIATES HAS REQUESTED A FURTHER ONE YEAR EXTENSION OF FULL ABANDONMENT PROCEDURES AS PER TOWN OF QUEENSBURY FIRE PREVENTION CODE , AND WHEREAS, ALL TEMPORARY PROCEDURES HAVE BEEN COMPLETED IN ACCORDANCE WITH THE ABOVE SECTION OF THE CODE AND THE APPROVAL OF FIRE MARSHAL BODENWEISER, NOW, THEREFORE BE IT RESOLVED, THAT THE TOWN BOARD OF QUEENSBURY GRANT A FURTHER ONE YEAR EXTENSION TO CHRISTOPHER ASSOCIATES TO AUGUST 1 , 1984 BEFORE THEY ARE REQUIRED TO COMPLETE FULL ABANDONMENT PROCEDURES RE : UNDERGROUND STORAGE TANKS. DULY ADOPTED BY THE FOLLOWING VOTE : AYES : MR. OLSON, DR. EISENHART , MR. MORRELL , MRS. MONAHAN , MRS. WALTER NOES : NONE ABSENT: NONE DISCUSSION HELD BEFORE VOTE , COUNCILMAN EISENHART SUGGESTED THAT THE WORDING APPENDIX B AND ORDINANCE NO. 40 BE ELIMINATED SINCE ! THE NEW LOCAL LAW IS NOW IN EFFECT. . AGREED TO BY COUNCILMAN MORRELL AND COUNCILMAN MONAHAN . . . RESOLUTION AUTHORIZING LIEN FOR DEMOLITION OF STRUCTURES AT OGDEN ROAD -R S01 IITTl1N Nfl_ ill , INTRODUCED BY DR. CHARLES EISENHART WHO MOVED FOR ITS ADOPTION , SECONDED BY MRS. FRANCES WALTER: WHEREAS, BY RESOLUTION NO. 3 OF 1983 THE QUEENSBURY BOARD OF HEALTH DETERMINED THAT CERTAIN STRUCTURES USED BY HOMER ECKERSON LOCATED ON PROPERTY KNOWN AS OGDEN ROAD IN THE TOWN OF QUEENSBURY AND DESIGNATED AS SECTION 147 BLOCK 1 LOT 60 ON THE WARREN COUNTY TAX MAPS , TOWN OF QUEENSBURY , WERE DETERMINED UNSAFE AND CONDEMNED , AND WHEREAS, MR. ECKERSON WAS DULY NOTIFIED AND ADVISED THAT UPON HIS FAILURE TO REMOVE THE STRUCTURES ANY COSTS INCURRED IN DOING SO BY THE QUEENSBURY HIGHWAY DEPARTMENT WOULD BE LEVIED UPON THE SAID REAL PROPERTY , AND WHEREAS, DEMOLITION WAS STARTED ON JUNE 23 , 1983 BY THE TOWN OF QUEENSBURY HIGHWAY DEPARTMENT AND COMPLETED THAT DATE IN WHICH DEBRIS WAS CLEARED AND THE EXCAVATION WAS FILLED, AND WHEREAS, THE COST OF THE PROJECT TO THE TOWN OF QUEENSBURY WAS $849 .28 , NOW, THEREFORE BE IT RESOLVED, THAT THE WARREN COUNTY REAL PROPERTY TAX SERVICE BE APPRISED OF THE FOREGOING LIEN IN THE SUM OF $849. 28 AND THAT SUCH SUM BE LEVIED UPON THE AFOREDESCRIBED PROPERTY BY THE NEXT EARLIEST TOWN OF QUEENSBURY REAL PROPERTY ASSESSMENT. DULY ADOPTED BY THE FOLLOWING VOTE : AYES : MR. OLSON , DR. EISENHART , MR. MORRELL , MRS . MONAHAN , MRS. WALTER NOES: NONE ABSENT : NONE DISCUSSION HELD: SUPERVISOR WALTER NOTED THAT THE DATE OF MAY 24 1983 MENTIONED IN THE RESOLUTION WAS . IN ERROR, DATE SHOULD HAVE BEEN JUNE 23 , 1983. . . COUNCILMAN EISENHART AND MRS. WALTER REQUESTED THAT THE DATE BE CHANGED TO REFLECT JUNE 23 , 1983, . . i 242 SUPERVISOR WALTER- REQUESTED THAT RESOLUTION NO. 146 OF 1483 BE SENT TO THE WARREN COUNTY TREASURER'S OFFICE AND THE REAL PROPERTY TAX SERVICE DEPARTMENT OF WARREN COUNTY. . . DISCUSSION HELD ON JUNK YARD LOCAL LAW- SUPERVISOR WALTER- THE ITEMS IN QUESTION IN REGARD TO THE LOCAL LAW WAS THE SET BACK REQUIREMENTS. . . ' 'ALL JUNKYARD MATERIALS INCLUDING JUNK MOTOR VEHICLES AND PARTS THEREOF SHALL BE KEPT WITHIN THE ENCLOSURE OF THE JUNKYARD EXCEPT AS REMOVAL SHALL BE NECESSARY FOR THE TRANSPORTA- TION OF SAME IN THE REASONABLE COURSE OF THE BUSINESS. SUCH MATERIALS TEMPORARILY LOCATED OUTSIDE THE ENCIOtSURE' ' THIS IS WHAT THE , DEALERS WERE INTERESTED IN , ' ' ANY MOTOR VEHICLES HELD FOR RESALE FOR USE IN THE PUBLIC HIGHWAY, AND ANY EQUIPMENT HELD FOR RESALE FOR THOSE PURPOSES FOR WHICH IT WAS ORIGINALLY INTENDED SHALL BE SET BACK AT LEAST 20 FEET FROM ANY PUBLIC HIGHWAY RIGHT OF WAY. ' ' THAT IS NEW. THAT WAS CHANGED FROM WHAT WE HAD DURING THE PUBLI. 0 HEARINGSI ) THAT CHANGE RESULTED FROM THE COMMENTS MADE AT THE PUBLIC HEARING. `.✓ ' ' IT SHALL BE A REBUTTABLE PRESUMPTION THAT SUCH: MOTOR VEHICLES AND EQUIPMENT ARE NOT HELD FOR RESALE IF NO SALE THEREOF OCCURS WITHIN 3 MONTHS FROM THE DATE THEY ARE FIRST LOCATED OUTSIDE OF THE ENCLOSURE OF THE JUNKYARD. ' ' WHAT WE ARE TRYING TO DO FOR THE BENEFIT OF THE RECORD IS TO GET A HANDLE ON THE JUNKYARDS IN THE TOWN TO REQUIRE THAT JUNK BE BEHIND FENCES AND WE MADE THE EXCEPTIONS ON WHAT I HAVE JUST READ TO YOU , THAT THOSE THINGS CAN BE OUTSIDE THE FENCE BUT WITH THE STIPULATION THAT THEY BE TWENTY FOOT BACK FROM THE RIGHT OF WAY. THAT IS NOT NECESSARILY THE EDGE OF THE ROAD RATHER THE RIGHT OF WAY. COUNCILMAN OLSON- WE ARE SAYING 20 ' INSIDE A PERSONS PROPERTY LINE , SO THEY CANNOT CONDUCT ANY BUSINESS OR HAVE ANY VEHICLES FOR SALE OR REPAIR WITHIN THAT 20 ' . IF YOU COMBINE A JUNKYARD AND USED CARS FOR SALE) IS THIS WITHIN THE LOCAL LAW? SUPERVISOR WALTER- IF HE HAS ASKED FOR A LICENSE TO OPERATE A JUNKYARD THEN I WOULD SAY IT WAS CONSIDERED A JUNKYARD. COUNCILMAN EISENHART- THE LOCAL LAW STATES THAT THE FENCE MUST BE 100 ' FROM THE RIGHT OF WAY SO HE HAS 80 ' TO DISPLAY HIS MACHINERY. v SUPERVISOR WALTER-BETTY, ARE YOU SATISFIED WITH THE 20 ' ? COUNCILMAN MONAHAN- YES. VOICED HER CONCERN OVER VISIBILITY. COUNCILMAN OLSON- IS THERE A VARIANCE PROCEDURE IN THIS? COUNCILMAN EISENHART- YES COUNCILMAN OLSON- IF A DEALER HAS A FENCE LESS THAN 100 ' FROM THE ROAD WILL HE HAVE TO MOVE IT? TOWN COUNSEL- THE DEALERS THAT ARE IN THERE NOW ARE GRANDFATHEREDj NO MATTER HOW THEY ARE OPERATINGiTHEY WILL HAVE ONE YEAR TO CONFORM WITH THE REQUIREMENTS. . . COUNCILMAN OLSON-ALL THE LAND THAT A PERSON USES FOR A JUNKYARD DOES NOT HAVE TO BE FENCED BUT THE AREA THAT IS USED FOR STORING VEHICLES OR SCRAPPING VEHICLES HAS TO BE FENCED. ) SUPERVISOR WALTER- ' 'WHERE THE TOPOGRAPHY, NATURAL GROWTH OF TIMBER OR OTHER CONSIDERATION. ::): . ACCOMPLISH THE PURPOSES OF THE LOCAL LAW IN WHOLE OR IN PART , THE FENCING REQUIREMENTS HEREUNDER MAY BE REDUCED BY THE TOWN BOARD UPON GRANTING THE LICENSE , PROVIDED, HOWEVER , THAT j SUCH NATURAL BARRIER CONFORMS WITH THE PURPOSES OF THIS LOCAL LAW. ' ' COUNCILMAN OLSON- CAN WE INSERT THAT THE NATURAL BARRIER SHOULD BE ON THE APPLICANTS PROPERTY? . . COUNCILMAN EISENHART-IF IT IS ON HIS NEIGHBORS PROPERTY AND THE TREES WERE REMOVED THEN THE NEXT TIME HE COMES UP FOR A LICENSE HE HAS TO REPLACE IT . . . TOWN COUNSEL- UNLESS THE APPLICANT COULD PROVIDE A LEASE THAT INDICATES THAT HE CONTROLS THE TIMBER RIGHTS . . . SUPERVISOR WALTER- REQUESTED THAT THE LOCAL LAW BE CHANGED TO SAY, . . l 11WHERE THE TOPOGRAPHY , NATURAL GROWTH OF TIMBER OR OTHER 243 CONSIDERATION ON THE APPLICANT 'S PROPERTY. . . i COUNCILMAN MONAHAN- REQUESTED THAT IT ALSO BE STATED THAT ONCE THE PERMIT IS ISSUED THE OWNER CANNOT CUT THE TREES DOWN. . . SUPERVISOR WALTER- THE PERMIT CAN BE REVOKED IF THERE IS NO FENCE OR NATURAL BUFFER. . . REGARDING SECTION 12 I WANT TO BRING OUT FOR THE PUBLIC ' 'THIS SECTION SHALL NOT BE CONSTRUED TO AFFECT OR SUPERSEDE THE TOWN OF QUEENSBURY ZONING ORDINANCE OR THE TOWN OF QUEENSBURY SIGN ORDINANCE' ' WE ARE MERELY SOME STIPULATIONS ON JUNKYARDS BUT THEY STILL HAVE TO BE .IN A ZONED` AREA AND' ALSO` HAVE TO COMPLY WITH THE,�OTHER ORDINANCES. ASKED FOR FURTHER DISCUSSION . . .NONE WERE HEARD, . . RESOLUTION TO APPROVE A LOCAL LAW TO LICENSE THE OPERATION OF JUNKYARDS AND TO REGULATE THE OPERATION OF JUNKYARDS IN THE TOWN OF QUEENSBURY, �. WARREN COUNTY, NEW YORK RFSnI IITTON Nn _ 1479 INTRODUCED BY MR. DANIEL OLSON WHO .LOVED FOR ITS ADOPTION, SECONDED BY MRS. BETTY MONAHAN: WHEREAS, A NEED FOR A MORE ENFORCEABLE LAW WAS NEEDED TO REGULATE AND LICENSE JUNKYARDS IN THE TOWN OF QUEENSBURY, AND WHEREAS, A PUBLIC HEARING WAS HELD ON JUNE 28, 1983 IN WHICH ALL PERSONS WERE HEARD BOTH IN FAVOR OF AND OPPOSED TO SAID LAW AND SAID PUBLIC HEARING WAS DULY PUBLISHED IN ACCORDANCE WITH LAW BY THE TOWN CLERK NOW , THEREFORE BE IT RESOLVED, THAT A LOCAL LAW ENTITLED ' 'A LOCAL LAW TO LICENSE THE OPERATION OF JUNKYARDS AND TO REGULATE THE OPERATION OF JUNKYARDS IN THE TOWN OF QUEENSBURY, WARREN COUNTY, NEW YORK' ' IS HEREBY APPROVED AND SAID LOCAL LAW BECOMES EFFECTIVE UPON FILING WITH THE SECRETARY OF STATE OF THE STATE OF NEW YORK. DULY ADOPTED BY THE FOLLOWING VOTE : AYES : MR. OLSON , DR. EISENHART, MR. MORRELL , MRS. MONAHAN , MRS. WALTER NOES : NONE ABSENT: NONE I 244 i LOCAL LAW NO. 4 LOCAL LAW TO LICENSE THE OPERATION OF JUNKYARDS AND TO REGULATE THE OPERATION OF JUNKYARDS IN THE TOWN OF QUEENSBURY, WARREN COUNTY, NEW YORK SECTION 1: Legislative intent . A clean, wholesome, i 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 I and welfare of citizens of the Town necessitating the regulation, restraint and elimination thereof . At the same time, it is recognized that the maintenance of junkyards as hereinafter defined, is a useful and necessary business and i ought to be encouraged when not in conflict with the express purposes of this section. SECTION 2; Definitions . For the purposes of this section, "junkyard" shall mean any place of * storage or deposit, whether in connection with another business or not , where two or more unregistered, old, or secondhand motor • vehicles , no longer intended or in condition for legal use on the public highways, are held, whether for the purpose of resale of used parts therefrom, for the purpose of reclaiming 1 . i 245 i for use some or all of the material therein, whether metal, glass, fabric, or otherwise, for the purpose of disposing of the same or for any other purpose; such term shall include any open lot or area for the dismantling, storage or sale as parts, scrap, or salvage, of used or wrecked motor vehicles , machinery, scrap metals, waste papers, rags , used or salvaged building materials or other discarded materials . "Motor �. Vehicle" shall mean all vehicles propelled or drawn by power other than muscular power originally intended for use on public highway. SECTION 3: Requirements for operation or maintenance . No person shall operate, establish or maintain a junkyard upon property having less than 5 'acres of land. No person shall operate, establish or maintain a junkyard until he ( 1 ) has obtained a certificate of approval for the location of such junkyard and ( 2 ) - has obtained a license to operate a junkyard business . SECTION 4 . Planning Board Certificate and Application for license. Before filing an application for the operation Of a junkyard, the applicant must obtain a certificate of approval from the Town of Queensbury Planning Board, or any other applicable board or governmental body having jurisdiction. Such certificate of approval shall state that the proposed location is not within an established district restricted against such uses or otherwise contrary to the 2 246 prohibitions of such zoning ordinance . Application for the license shall be made in writing to the Town Board. The application shall specify the name, occupation and residence address of the applicant, the location of the proposed 1 junkyard, a description of the land to be included in the junkyard, and the details and specifications of the fencing and other screening devices to be utilized by the applicant . The application shall be accompanied by a certificate of approval from the Planning Board. The application, license and filing fees shall be filed with the Town Clerk. SECTION 5 ; Hearing. A hearing on the application shall be held not less than 14 days nor more than 60 days from the date of the receipt of the application by the Town Board. Notice of the hearing shall be given to the applicant by certified mail, return receipt requested, to the address given in the application and shall be published once in the 4 newspaper having a circulation within the Town which publication shall not be less than seven days before the date of the hearing. SECTION 6 : License Requirements. At the time and place set for hearing, the Town Board shall hear the applicant and all other persons wishing to be heard on the application for a license to operate, establish or maintain the junkyard. In considering such application, it shall take 3 f t i 247 i into account the suitability of the applicant with reference to his ability to comply with the fencing requirements or other applicable regulations concerning the proposed junkyard, to any record of convictions of any type of +: larceny or receiving of stolen goods and to any other matter within the purposes of this section. SECTION 7: Location requirements , At the time and place set for hearing the- Town Board shall hear the applicant and all other persons wishing to be heard on the application for certificate of approval for the location for the junkyard. In passing upon same, it shall take into account , after proof of legal ownership or right to such use of the property for the license period by the applicant, the nature and development of surrounding property, such as the proximity of churches , schools, hospitals , public buildings or other places of public gathering; and whether or not the t proposed location can be reasonably protected from affecting the public health and safety by reason of offensive or unhealthy odors or smoke, or of other causes . SECTION 8: Aesthetic considerations . At the hearing regarding location of the junkyard, the Town Board may also take into account the clean, wholesome and attractive environment which has been declared to be of vital importance to the continued general welfare of its citizens by considering whether or not the proposed location can be 4 24 _ - r I reasonably protected from having an unfavorable effect thereon. In this connection the Town Board may consider collectively the type road servicing the junkyard or from which the junkyard may be seen, the natural or artificial i barriers protecting the junkyard from view, the proximity of the proposed junkyard to established residential and recreational area or main access routes thereto as well as the reasonable availability of other suitable sites for the .junkyard. SECTION 9 : Grant and denial of application. After a hearing the Town Board shall, within four weeks , make a finding as to whether or not the application should be granted, giving notice, of its finding to the applicant by mail, postage prepaid, to the address given on the application. Conditional approval may be granted setting forth reasonable requirements including the completion of the fencing requirements set forth in Section 11. If approved, i the license, including the certificate of approved location shall be forthwith issued to remain in effect until the following July 1st . Approval shall be personal to the applicant and not assignable. Licenses shall be renewed thereafter upon payment of the annual license fee without hearing, provided all provisions of this local law are complied with during the license period, the junkyard does 5 i 249 i not become a public nuisance under the common law and the applicant is not convicted of any type of larceny or the receiving of stolen goods . SECTION 10: License Fees . The annual license fee , r shall be $50 .00 to be paid at the time the application is made and annually thereafter in the event of renewal. Such fees shall be pro-rated to July lst, the date for renewal of all junkyard license fees. In addition to the license fee, the applicant shall pay the costs of advertising the hearing and such other reasonable costs incidental to the hearing as are clearly attributable thereto. SECTION 11: Fencing. Before use, a new junkyard shall be completely surrounded with a fence at least eight feet in height which substantially screens the junkyard. The fence shall include a suitable gate which shall be closed and i ° locked except during the working hours 9 of such junkyard or .when the applicant or his agent shall be within. Such fence shall consist of opaque material which is uniform in height and construction material. Such fence shall be painted in such a color that it will blend in with the surroundings . No advertising matter of any kind shall be attached to or painted on any fence enclosing a junkyard, except as authorized by the Town of Queensbury Sign Ordinance. Such fence shall be erected not nearer than 100 feet from a public highway right of way. All junkyard materials including junk i 254 motor vehicles and parts thereof shall be kept within the enclosure of the junkyard except as removal shall be "3 necessary for the transportation of same in the reasonable course of the business . Such materials temporarily located outside the enclosure, any motor vehicles held for resale for use in the public highway, and any equipment held for resale for those purposes for which it was originally intended shall be set back at least 20 feet from any public highway right of way. It shall be a rebuttable presumption that such motor vehicles and equipment are not held for resale if no sale thereof occurs within 3 months from the date they are first located outside of the enclosure of the junkyard. Vehicles and parts thereof and other material shall not be piled or stacked to a height above the fence or screening device . All wrecking or other work on such motor vehicles and parts shall I be accomplished within the enclosure. No burning of waste material shall be done in a licensed junkyard unless a permit for such burning shall have been issued by the New York State Department of Environmental Conservation. Where the topography, natural growth of timber or other consideration on the applicant 's property accomplish the purposes of this local law in whole or in part, the fencing requirements hereunder may be reduced by the Town Board, Upon granting the license, provided, however, that such natural 7 i i i 251 r barrier conforms with the purposes of this local law. SECTION 12 : Effect of local ordinances or local laws . This section shall not be construed to affect or supersede the Town of Queensbury Zoning Ordinance or the Town of Queensbury Sign Ordinance. SECTION 13 : Established junkyards . For the purposes of this section the location of junkyards already established shall be considered approved by the Town Board where located and the owner thereof deemed suitable for the issuance of a license. Within sixty days from the passage of this local law, however, the owner shall furnish the Town Board the information as to location which is required in an application, together with the license fee and the Town Board shall issue him a license valid until the next July 1st , at which time such owner may apply` for renewal as herein provided. Such owner shall comply with all other provisions of this section including the fencing requirements set forth in subdivision eleven of this section. SECTION 14 : Notwithstanding any of the foregoing provisions of this section, no junkyard, hereafter established, shall be licensed to operate if such yard or any part thereof shall be within five hundred feet of a church, school, hospital, public building or place of public assembly. SECTION 15 : Violators of any of the portions of this 8 252 section shall be guilty of an offense punishable by a fine not exceeding one hundred dollars and each day that the violation is carried on or continues shall constitute a '�+ separate violation. SECTION 16: If any court of competent jurisdiction shall adjudge and determine that some portion or provisions of this local law are invalid, such judgment shall not affect the validity of the remaining portion or provisions of this local law. SECTION 17: The Town of Queensbury Zoning and Building Department shall be responsible for the administration and enforcement of this local law. A member of such Department shall conduct an on-site inspection of all licensed junkyards prior to the date for renewal of I junkyard licenses . A report Of such inspection shall be furnished to the Town Board prior to June 1. SECTION 18. Upon the effective date of this local law, Town of Queensbury Ordinance Number Six is hereby repealed. SECTION 19 Effective date. This local law shall take effect immediately upon filing with the Secretary of State. 9 i I 253 LTRS. ON FILE FROM TOWN COUNSEL AND WARREN CO. SUPT . P.W . FRED AUISTIN RECOMMENDING THAT THE TOWN REBID FOR A HIGHWAY GRADER THE COUNSEL RECOMMENDED THAT THE PHRASE ' 'NEW UNUSED GRADER , 1983 MODEL YEAR' ' BE USED TO DESCRIBE THE EQUIPMENT DESIRED. . . RESOLUTION TO REJECT BIDS RFSOLUTTnN Nn _ t4� INTRODUCED BY DR. CHARLES EISENHART WHO MOVED FOR ITS ADOPTION , SECONDED BY MR. DANIEL OLSON : RESOLVED, THAT THE THREE BIDS RECEIVED ON JUNE 28 , 1983 FOR 9 A NEW DIESEL RIGID FRAME MOTOR GRADER FROM SCHROON LAKE TRACTORS SCHROON LAKE, N.Y. , CONTRACTOR SALES , ALBANY, N.Y AND STATE EQUIPMENT OF LATHAM, N.Y. BE AND HEREBY ARE REJECTED AND BE IT FURTHER `�. RESOLVED, THAT THE BIDS WERE REJECTED TO ALLOW THE TOWN TO REBID AND CLARIFY THE N E TREP ET TIO R A N OF THE SPECIFICATIONS. DULY ADOPTED BY THE FOLLOWING VOTE : AYES : MR. OLSON , DR. EISENHART , MR. MORRELL , MRS. MONAHAN , MRS. WALTER NOES : NONE ABSENT : NONE MR. NAYLOR- WE WILL REBID FOR A 1983 NEW UNUSED GRADER. . . REPORTS -THE TOWN CLERK AND BUILDING & ZONING REPORTS ARE ON FILE FOR THE MONTH OF JUNE 1983 COUNCILMAN EISENHART- ANNOUNCED THAT THE LIGHTING COMMITTEE IS GOING TO RECOMMEND THAT A LIGHT BE PLACED ON STEPHANI.ELANE . . .THEY WILL COME BEFORE THE BOARD WITH MORE SPECIFIC INFORMATION AND NOTED THAT THEY ARE ALSO LOOKING AT ANOTHER LOCATION IN THE TOWN FOR LIGHTS. . . ALSO ANNOUNCED THAT HE NOW HAS ALL THE AUDITS OF THE FIRE COMPANIES IF THE BOARD MEMBERS WISH TO LOOK AT THEM. . . OPEN FORUM 8 :24 P. M. MR. JOSPEH DAIRE-SPOKE TO THE TOWN BOARD IN REGARD TO THE BUSINESS ON WARREN STREET , SELLING USED CARS NOW AND CAUSING A TRAFFIC HAZARD NOTED THAT HE FELT THAT THE FENCE LOOKED BAD. . . SUPERVISOR WALTER—NOTED THAT 11S WHY A LOCAL LAW WAS PASSED THIS EVENING TO PREVENT THESE KINDS OF CONDITIONS. MR. JOSEEH DAIRE- THANKVbMR. NAYLOR FOR HIS PROMPT SERVICE IN REPAIRING THE TRAFFIC LIGHT OUTSIDE THE SO. QUEENSBURY FIRE HOUSE. . . CLOSED OPEN FORUM RESOLUTION TO APPROVE AUDIT OF BILLS RF50LUTION Nn _ 149 INTRODUCED BY MR. DANIEL MORRELL WHO MOVED FOR ITS ADOPTION , SECONDED BY DR. CHARLES EISENHART : RESOLVED , THAT AUDIT OF BILLS AS APPEARS ON ABSTRACT NO. 83-7A AND I NUMBERED 1053 THROUGH 1209 AND TOTALING $150 ,945. 97 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 DISCUSSION HELD IN REGARD TO PROPERTY ON HOMER COUNCILMAN EISENHART NOTED THAT HE HAD DRIVEN BY AND THEY WERE WORKiMG� 600NCILMAN OLSON NOTED THAT THE WIFE OF THE MAN WHS LEASES THE BUILDING TALKED WITH HIM AND SAID THAT IT WAS NOT THEM THAT WERE PAINTING THE CARS BUT MR. GRANGER. . . THE BUILDING & ZONING DEPT. WAS ASKED TO LOOK INTO THIS. . . 254 SUPERVISOR WALTER- ASKED THE BOARD I:� TREY:: WERE INTERESTED IN CONSIDERING BUSINESS LICENSES. . .COUNSEL REQUESTED THAT COPIES OF OTHER LAWS BE OBTAINED SUCH AS FROM ASSOCIATION OF TOWN AND THE ONE FROM LAKE GEORGE. . . COUNCILMAN MONAHAN AND SUPERVISOR WALTER NOTED THAT THE LICENSING OF BUSINESSES COULD HELP IN OBTAINING THE SALES TAX MONIES THAT ARE LOST TO THE CITY DUE TO 'IMPROPER1:SALES TAX LOCATION BEING GIVEN . . . COUNCILMAN EISENHART- REQUESTED PERMISSION TO WRITE TO THE FIRE COMPANIES REGARDING THIER EXPENDITURES AND NOTING THAT THEY AS PART OF THEIR CONTRACT MUST NOTIFY THE TOWN OF ANY MAJOR EXPENDITURES , BEFORE ORDERING SAME. . . COUNCILMAN OLSON NOTED IN A REPORT FROM THE BUILDING AND ZONING DEPT. THAT MR. GRANGER STILL HAS A BUSINESS ON THE PROPERTY THAT HE LEASES TO THE PIERCES. . .COUNCILMAN MONAHAN- NOTED THAT WHAT THEY ARE DOING IS ALLOWED UNDER THE NEW ORDINANCE. . . SUPERVISOR WALTER- ANNOUNCED THAT THE BOARD ACRES PROJECT IS ON SCHEDULE NOTED THAT PEOPLE IN THE AREA HAVE BEEN ASKING QUESTIONS AND A LETTER WILL BB GOING OUT TO THE RESIDENTS IN HOPES OF ANSWERING THEIR QUESTIONS. . .TOWN COUNSEL SUGGESTED THAT THE BRAND NAMES FOR CERTAIN PRODUCTS BE ELIMINATED FROM THE LETTER AND THAT ANY SUGGESTION AS TO HOW TO INSTALL PLUMBING BE TAKEN OUT . . . I THINK OTHERWISE YOU ARE HOLDING YOURSELF OUT AS �.•/ BEING AN EXPERT IN INSTALLING. . . ON MOTION THE MEETING WAS ADJOURNED. RESPECTFULLY , . DONALD A. CHASE TOWN CLERK f 1 1 i I i I C