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1982-04-13 87 TOWN BOARD MEETING APRIL 13, 1982 TOWN BOARD MEMBERS Mrs. Frances Walter-Supervisor i Mr. Daniel OZson-CounciZman I ! Dr. Clues Eisenhart-Councilman Mr. Daniel_Morre Z Z-Councilman Mrs. Betty Monahan-Councilman Mr. Joseph Brennan-Town Counsel Pledge of Allegiance led by Councilman Morrell t Press: G.F. Post Star, WWSC, WBZA i TOWN OFFICIALS: Mr. Richard Roberts, Mrs. Hilda Mann, Mr. Ronald Montesi, Mr. Mack Dean, Mr. Stephen Lynn Guests Leagw of Women Voters, Lillian Adamson, Dr. Blake, Bob Stewart, Mr. West, Mr. Cranne Z Z, Mr. 0'Connor, Mr. Turnbu Z Z, Mr. Mi Z Zs, Mr. Nason Meeting Opened 7:38P.M. PUBLIC HEARING- MOBILE HOME APPLICATION-Ronald Robinson of Minnesota Ave. to locate a mobile home j on Minnesota Avenue. . .approved by Building Inspector. . .Notice Shown. . .Mrs. Robinson I present. .. Councilman Morrell- questioned the placement of the septic system,front or back? Mrs. Robinson- it will be placed in the front. . . OmmevZ "'MorreZZ-wiZZ the hill be removed to place the mobile home? Mrs. Robinson- no Councilman Olson- Mr. Dean. is there enough':room to place the mobile home on the lot - with the set backs without moving the hill? Mr. Dean- I believe so. . .yes Councilman Olson- do you have the mobile home now? Mrs. Robinson, - we are in the process of buying the mobile home if thie is approved. Supervisor Walter- asked for further comments, hearing none the public hearing was closed. .. PUBLIC HEARING-PROPOSED SANITARY SEWER ORDINANCE-NOTICE SHOWN-7:43 P.M. Supervisor Walter-We have been dealing with the problem with zoning and sewers for quite some time�we have had our planning board and, a comprehensive planning group work for the last five years on how to improve the system for the Town of Queensbury. We have had the expertise of the fellows from the Building Dept. This was presented to.! the piibZie last year, some changes have been made and they have been published and available in the Town Clerk's Office. ; Lillian B. Adamson- Assembly Point Association Oo, President with husband Charles F. Adamson _fcomplete context on file) Summary-The term Natural Soil needs a precise definition- we question the use of Dept. of Health and DEC handbooks into the ordinance- we see confUcts between Section 3030B and 3030C .�j we suggest further evaluation of these sections-further study and evaluation of the increased percolation rate requirements and defindtion of major and m,6ner repa-bs- we also request a'gariance procedure in the ordinance. 1 "We are compelled to raise the question whether the Town of Queensbury authorities have calculated what percentage of Zakeshore property owners could comply with repair standards under the proposed ordinance, when repairs become necessary. This calculation would seem to require a detailed survey of bedrock, groundwater, and percolation conditions, as well as lot size and lot usage (houses, garages, driveways, outbuildings, etc). We believe the Town Board should be aware of the serious repercussions for the Town of Queensbury, its citizens, its property values, and its tax base, if compliance with repair standards is not possible for the majority of property owners. In_conclusion, we_%urge the Queensbury Town Board to postpone any final action on the Sanitary Sewage Disposal Ordinance untiZ .the EnvironmentaZ Impact Statement for the Warren County Sewer District is completed.' The information and conclusions in that couch haver��z direct bearing on the solution to the sewage disposal problem in the-Queensbury area of the lake. The Toren Board should also delay any decision until such time as the majority of the Zakeshore property owners, the summer, residents, (tax payers), have returned and have had 8pp _ 8 an opportunity to study and react to the Zatest version of the ordinance. " Betty Dc.dd-- President of the League of Women Voters-The Glens Falls area League of Women Voters commends the dedicated volunteers for their efforts in creating these ordinances, and for the many hours spent Listening to the public and reviewing written suggestions from interested groups and individuals. The review, modifications and editing of these documents require countless meetings, discussions research and workshop sessions. The ordinances will be subject to .constant review and evaluation C as to their effectiveness and impact on the development of the Town. We believe that subjects that have not get been provided for will be considered in the near future, namely provisions for alternative types of housing and the updating of the sign ordinance. We urge early passage of these ordinances as the first step in establishing a master plan for the Town of Queensbury. f i Dr. Jim BZake-PZum Point-Chairman of the Sanitation Committee of the Lake George ! Association-This will be presented -b the Lake George Assoc. on Saturday to give their official position—we have encouragedolt development of the sanitary code. . . Questioned if additions to an existing sys ems e under the inspection and supervision of a new system. . .definition of usable soil clarification needed. . .clarification on page 14 in regard to enforcement officer and Board of HeaZth. . .asked for the incZusion of voluntary inspection of septic systems. . . Bob Stewart-AssembZy Point-questioned if there was a mistake '',in Language on Section 3030B . .questioned the use of the Health Dept. Handbook and the ENCON handbook, hhese are broad manuals that describe sewer systems in general but they are not hard and fast rules. . .questizndd the set back requirements 200' from the take and 100' from any stream noted'two circumstances where this would be impossible. . .noted nedd for a variance provision. . . Councilman Eisenhart- there should be a valiance procedure Richard Roberts- I agree. . Mr. Ronald Montesi-agree with variance procedure. . . Councilman Morrell- in regard to the property that cannot mat the requirements as proposed the owner could do nothing with the property? Mr. Roberts-he could use holding tanks. . . Mr. Stewart- spoke on the expense of the use of holding tanks. . . not a viable alternative. . . Dr. BZake-no. objection to the variance procedure as long as there is a provision that the system will not pollute the Zake. . . Supervisor Walter—asked for further comments on the Sanitary Sewer Ordinance. . . hearing none the public hearing was aZosed, . .8:15 P.M. Supervisor Walter intro&iced the Planning Board Members, Mr. Roberts, Mrs. Mann, and Mr. Montesi. . .introduced Dorothy Burnham- League of Women Voters served as,a scribe for the various meetings in the formulation of the ordinances. . .. PUBLIC HEARING-PROPOSED ZONING ORDINANCE-NOTICE SHOWN C t' 8:17 P.M. Mr. Ken Mahoski-36 Bonner Dr. and Mr. Charles Baker--West Mt. Rd.-Question regarding area 3 West Mt. Road proposed 3 acre�lot size—we feel that this is unfair we request a compromise instead of a 750' set back, use a 600' elevation line, noted that with the change,some of the property will still fall into'.the three acre parcels. . .we have talked with Mr. Flaherty add he. came up with a 5501 elevation Line, that is tentative and will have to be discussed. . .noted a developer could put booster pumps in to receive the Town Water. . . Mr. Roberts- we have discussed this and came up with the compromise, will Zook at Tame 3FZaherty's request of 5501 . . . (map used for discussion) Mr. Thomas West-Represent the Lake George Association-Ltr. on file-recommend a change to the contractual access section of the ordinance-recommend ''ithat the section be revised to exclude the Language pertaining to non-contiguous 'shoreline access and to change the density requirements to require 100 linear feet of shoreline for 2 to 4 Lots parcels or sites and 25 additional feet of shoreline for each Lot, parcel or site thereafter. . . .RE: Marina "The revised ordinance also defines " marina" for the first time to mean !'a water front facility offering two or more berths or moorings for rent, Lease or sale. . . " That definition is at variance with the definition of marina contained in 6 NYCRR Part 646, which specifically pert&ins 1 89 to the Lake George recreation zone and defines marina as any sale, lease, rental of wharf space or moorings for vessels. The definition contained in the draft ordinance is also inconsistent with the residential nature of the Zakeshore area to the extent that it permits a commercial use in an otherwise residential area. 6 NYCRR Section.646.1 I' Cal defines as a "commerciaZ use or purpose " the "leasing, renting or making a wharf or mooring available to any person for a fee or any form of compensation. " Thus I pursuant to 6 NYCRR, Part 646 the leasing or renting of a single mooring or wharf space is a commerciaZ use while the reviled ordinance will allow this type of commercial use at every lot" the inconsistency is obvious. " We request that the definition of marina be amended to define marina as the offering of one or more berths or moorings �I for rent, lease or sale. Such a change will serve to maintain the status quo until the 1 issue can be more fulZy explored. . .Requested also_thdt:the Board explore the issue ! if it is permissible for a property owner on Lake George to lease space under the present 1 ordinance. . . I� Mr. Terry CranndIZ-Resident and landowner Luzerne Road-presented the Board with the petition stating the following We the undersigned being landowners and or residents of the Cormus Road-Luzerne Road-TuthiZZ road area of Queensbury are opposed to the proposed zoning changes which would lower the minimum lot size from 8.5 to 3.0 acres in our area. This area has severe devloptgnt constraints and a greater density of development should not be encouraged here. Furthermore, the proposed zoning change would have a severe negative impact on the ruraZ character of our area. . . (signed by 26) on file. . .using APA guidelines spoke to the Board on NaturaZ resources of the area, existing Land use patterns-and public consideration .Cmaps usedl requestdd that the zoning ordinance in this area be changed to 10 acre�parceZs. . . Mrs. Mann- just because the property is zoned 3 areo does net mean they have to be sold in three acre areas. . . Mr. Montesi- spoke to the Board about the regulations involved in starting a subdivision. . . Mr. Mike O'Connor-concerned over the treatment of non-conforming uses. . .the present ordinance allows a one time life time expansion of 50%, as I understand the present proposal there is no expansion of non conforming uses. . .you are saying do not expand any further, relocate this will prohibit the expansion of business and it will be bad for the tax base. . . Mr. Richard Roberts- It is not our intention to shut down everything I still assume r that if the expansion is justified a variance could be granted . . . Mr. Willi=am Cook- Resident of Luzerme Mt. Road-concerned about the lot size in this area. . .it is unfair to the environment to establish home sites on land which is solid rock with 6vmV little soil and land with a 30% gradd- and it is also unfair to the current residents who have purchased homes under the existing. Zaws which assured L 0ma type of privacy and now to have that regulation changed for no soiid reason. . the people do not want the change. . .. Mr. Nason-Finch Pruyn-re excavation of slopes, states that during excavation slopes will remain at 30% I would-?like to see this rewritten to state th&t at the conclusion of excavation the slopes would be at 30% or concurrent with N.Y. State mining law. . . RE: Big Borne Sadd part of the property is zoned SR30 the rest is R3A I would like to see the whole arexzoned the same at 301000 sq. feet . ..in areas designated LC42A and LC10A under uses requiring a permit you have forestry uses requiring a permit—noted that there are numerous regulations in regard to forestry in the State. . .request that,that be dropped from the ordinance.. . Mr. Roberts - questioned who would administer this program. . . Mr. Nason- why should the Town get involved tbhen DEC already is? Councilman Olson- You are saying that any work, forestry, that you do in the Town of Queensbury is already covered under State regulations— L i Mr. Nason- yes. .. Mr. James M-iUs-Chairman of the Warren Country Planning Board-on March 10th we approved the Zoning ordinance. . .we did asked that the PZanning Board reconsider the zoning on Big Boom road do away with SRR3A and continue LI1A through the end of the peninsula. . . Mr. Montesi- We wanted to be careful not to allow that peninsula to become a mini industrial park, it wouZ'd not be a good entranne<, to the Glens Falls, Queensbury area. . . Supervisor WaZter- in my conversations I it was pointed out that if there was .some kind of planned industrial area that it would be allowable. . . Mr. Charles Adamson-AssembZy Point-voiced his con8rn over allowing rental of dock space, could double boats on take. . , Ms. Carol Collins-I have been involved in studin the Zake r a number o ears ° 9 for f y , as well as Zakes around the countrzy. . .I would Zike to support what has been said c by Mr. West and Mr. Adamson, the influx of boats resulting from this change in the ordinance is mind boggling to me. We have been concerned with the sanitation Zaws to protect Lake George, requested that the Board comply with, the Zake George Park Commission rulings in regard to rental of docks. . . Mr. Stewart-I would suggest that you use the Lake George Park Commissions Zanguage in regard to marina's. . .If you pass the new ordinance and you say no boat rentals � r or one boat rental,)what is the position of person who Zast steer rented four spaces, is he or she a preexisting nonccfdrming use and can he or she go on renting? I Mrs. Mann- That is what Joe Brennan is going to Zook at, in my opinion it does not become a preexisting nonconforming use because it was illegal to begin with g because it is-in a residential zone, we have never had a defin#tion of whether or not that could be called commerciaL use. . . Mr. West-The questionee'that have been brought up tonight confirm my position that the Board should evaZute what is meant under existing Zaw before a definirtion -is adopted which could makgo at change. . .regarding Non-Conforming use the George Park Commissionniose non cofnrming uses aZready had an extended opportunity (20years) to expand under the existing ordinance,and take into account the 50% expansion that is why we supported Zast summer the change that would do away with the non coihforming use except for the variance procedure which would allow for a hai4hip situation. . .it is our opinion that%Tit is time to say that is enough and recognize that they are non conforming and Zet them stand as is but do not Zet them go any further. . . Discussion held between Mr. Brennan and Mr. West on the best!,way to define Marina in the ordinance or through e�judieation. . . Mr. 'Brennan spokejof his conedrn over the enforcement of the ordinance regarding marina's. . .Mr. West commented that through a complaint process he believes that the ordinance can be enforced. . . Mrs. Mann-Is there any possibility that the Town could work With ENCON, saying in this area� it is zoned residential and we deem the rental of X number of slips as a commercial operation-;and request that ENCON refrain from giving out that type of permit in this residential area? Mr. Brennan- I do not think that ENCON is going to issue a permit to anyone to perform an activity that they know is violating another Zaw. , . Mr. Turnbull- Mr. Brennan, what is considered a private dock? Mr. Brennan- A Dock that is privately owned. . .paying taxes has nothing do to with whether it is privately owned. . . Superz;is.or WaZter-asked for fu2*er comments, hearing none the public hearing was closed. . . 9:55 P.M. Councilman Olson- thanked-W those who commented at tonights meeting. . . Supervisor Walter- Thanked aZZ those who helped form these proposed ordinances. . . RESOLUTION TO APPROVE MINUTES RFROTTITTON Nn 0.9 Introduced by Dr. Charles Eisenhart who moved for its adoption, seconded by Mr. Daniel Morrell: RESOLVED, that the Town Board Minutes of March 18th,23rd. and 29th of 1982 be and hereby are approved. DuZy adopted by the following vote: Ayes: Mr. Olson, Dr. Eisenhart, Mr. Morrell, Mrs. Monahan; Mrs. Walter t Noes: None Absent: None RESOLUTION TO SET SALARY S 3 Introduced by Mr. Daniel OZson who moved for its adoption, seconded by Dr. Charles Eisenhart: WHEREAS, the Cemetery Commission, by itsauthority, has appointed Rodney Mosher as provisional Cemetery Superintendent effective April 12, for a six month period and WHEREAS, the Town Board approves of this appointment, NOW, THEREFORE BE IT RESOLVED, that the Queensbwry Town Board sets the salary for Mr. Rodney Mosher, 91 Cemetery Superintendent at $11,400.00 for the year 1982. I Duty adopted by the following vote: Ayes: Mr. Olson, Dr. Eisenhart, Mr. MorreZZ, Monahan, Mrs. Walter 1 Noes: None s Absent: None RESOLUTION TO SET PUBLIC HEARING REGARDING COLONIAL CABLEVISION, INC. RATES LW "mN Nn 94- Introduced by Mr. Daniel Morrell who moved for its adoption, seconded by Dr. Charles Eisenhart: WHEREAS, Colonial Cablevision, Inc. has been franchised by the Twwn of Queensbury to install and operate a community television antenna system in the Town of Queensbury which said franchise provided for a guarantee of installation charges and rates to customers, and WHEREAS, the franchise has notified said Town that prevailing economic conditions a impair the continuance of such service at the guaranteed charges and rates prescribed and have requested an opportunity to be heard in respect thereof, and WHEREAS,. Town Laws• Section 100 requires a public hearing on amen&nents of ordinances, rules and regulations, NOW, THEREFORE BE IT RESOLVED, that a public hearing on the proposed change of guaranteed rates and charges of COLONIAL CABLEVISION, INC, be held May 11, 1982 at 7:30 P.M. and that the Town Clerk will give notice of such hearing by publication thereof in the officiaZ town newspaper once at least 10 days prior to the date specified for such hearing, specifying the time when and place where such hearing will be held and in general terms describing the proposed change. Public hearing to consider the amendment of the contract between COLONIAL CABLEVISION, INC. and the Town of Queensbury in respect to increased monthly rates to eustomers'in the Town of Queensbury. Duly adopted by the following vote: Ayes: Mr. Olson, Dr. Eisenhart, Mr. Morre Z 1, Mrs. Monahan, Mrs. Walter Noes: None Absent None RESOLUTION TO TRANSFER FUNDS 17F..4nrJ1rPToN Nn..ArA. Introduced by Dr. Charles Eisenhart who moved for its adoption, seconded by Mrs. Frances Walter: RESOLVED, to transfer $1,309.30 from A1990.440 Contingent Account to A1420.441 Attorney Contractual. Duty adopted by the following vote: Ayes: Mr. Olson, Dr. Eisenhart, Mr. Morrell, Mrs. Monahan, Mrs. Walter Rtes: None Absent: None RESOLUTION TO TRANSFER FUNDS RE OLUTION Nn_ 96. Introduced by Dr. Charles Eisenhart who moved for its adoption, seconded by Mrs. Betty Monahan: RESOLVED, to transfer $2,092.50 from A1990.440 Contingent Account, _to A1440.440 Engineering, Contractual account for services of Charles H. Scudder, Consulting Engineer to proposed Broadacres Water District. I Duly adopted by the following vote: Ayes: Mr. Olson, Dr. Eisenhart, Mr. Morrell, Mrs. Monahan, Mrs. Walter 92 T Noes: None Absent] , None f RESOLUTION REQUESTING NO-PARKING ZONE } &"UTIGN NO. 97. Introduced by Mr. Daniel OZson who moved for its adoption, seconded by Mr. ` Daniel MorreZZ: 6 WHEREAS, Herbert D. Brock, Dean of Administration for Adirondack Community College requested that the Town Board of the Town of Queensbury Zook into the traffic safety problem on Bay Road in front of the College, and 4; WHEREAS, his request was turned over to the Chief of Police ;fi6r the Town of Queensbury, for his recommendation, and WHEREAS., Mr. Charles Judkins, Chief of Police has recommended that a "No-Parking Zone " be established in front of the Adirondack Community College, NOW, THEREFORE BE IT RESOLVED, that the Town Board of the Town,-)of Queensbury hereby requests that the Warren County Department of Public Works establish a "No-Parking Zone" from the Adirondack Community College northern exit to the southern exit on both sides of the roadway, and that signs be posted, and be it further RESOLVED, that copies of this resolution be sent to Mr. Fred &&tin, Supt. of Public Works, Warren County and Mr. Sterling Goodspeed, Chairman of the Warren County Board of Supervisors. DuZy adopted by the following vote: Ayes: Mr. Olson, Dr. Eisenhart, Mr. Morrell, Mrs. Monahan, Mrs. Walter Noes: None Absent: None RESOLUTION TO AUTHORIZE PERMIT FOR MOBILE HOME - RESOLUTION NO. 98 Introduced by Mr. Daniel Morrell who moved for its adoption, seconded by Dr. Charles Eisenhart: WHEREAS, Ronald Robinson has made application in accordance with paragraph 2 (c) Section 4, of an ordinance of the Tmon 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 at Minnesota Avenue, and WHEREAS, this town board has conducted a public hearing in connection with said application and has heard aZZ persons desiring to be heard in favor of or against said application, and WHEREAS, it is herebp., 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 Ronald Robinson to Zocate a mobile home at property situated at Minnesota Avenue and that the BuiZd%ng 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. OZson, Dr. Eisenhart, Mr. Morrell, Mrs. Monahan, Mrs. Walter r Noes: None Absent: None PROCLAMATION-"Grange Week" on file REPORTS Town Clerk-monthly report March 1982 Building & Zoning-montZy report March 1982 OPEN FORUM 93 Mr. Bob Anderson- Big Bay Road asked when Town Water would be made available to his area. . . Supervisor Walter- Our engineer is working on the plans for that at present, within the next few months we will come to the pub4ic with some figures regarding the cost of the project. . . RESOLUTION TO APPROVE AUDIT OF BILLS RFSQUITTON Nn 99 Introduced by Dr. Charles Eisenhart who moved for its adoptions t° seconded by Mr. Daniel Olson: RESOLVED, that Audit of Bills as listed on Abstract No. 82-4B and numbered 517 through 715 and totaling $99,207.91 be uand hereby is approved, and be it farther RESOLVEED, that Boucher number 627 was pulled from the Audit. Duty adopted by the following vote: Ayes: Mr. Olson, Dr. Eisenhart, Mr. Sorrell, Mrs. Monahan, Mrs. Walter Noes: None Absent: Nolte On motion the meeting was adjourned. Respectfully submitted, Donald A. Chase Town Clerk Town of Queensbury TOWN BOARD MEETING APRIL 27, 1982 TOWN BOARD MEMBERS Mr. Daniel Olson-Deputy Supervisor Dr. Charles Eisenhart-Councilman Mr. Daniel MorreZZ-CounciZman ,11rs. Betty Monahan, Councilman ABSENT; Mrs. Frances Walter, Supervisor Mr. Joseph Brennan, Town Counsel Pledge of Allegiance Zed by Councilman Monahan PRESS: G.F. Post Star, WBZA GUESTS: Mr. Batchelder, Mr. and Mrs. Elmore, Mr. H. Russell Harris, Mr. Turnbull TOWN OFFICIALS: Mr. Naylor Meeting Opened 7:38 P.M. Deputy Supervisor Daniel Olson- opened the meeting announcing that Mrs. Walter will not be at the meeting tonight she is on vacation. . . RESOLUTIONS r s RESOLUTION TO-APPROVE MINUTES F"rnT mN Nn anno Introduced by Mr. Daniel Morrell who moved for its adoption, seconded by Mrs. Betty Monahan: RESOLVED, that the Town Board Minutes of April 13, 1982 be and hereby are approved. Duly adopted by the following vote: Ayes: Lr. Eisenhart, W. HbrreZZ,_-•Mrs. Monahan, Mr. Olson Noes: None Absent: Ai� Walter