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1982-07-20 SP 145 TOWN BOARD MEETING- SPECIAL JULY 20, 1982 TOWN BOARD MEMBERS Mrs. Frances WaZter-Supervisor Mr. Daniel OZson-Councilman Dr. Charles Eisenhart-Counci Zman Mr. Daniel MorreZZ-CouciZman Mrs. Betty Monahan-CounciZman Mr. Joseph Brennan-Town Counsel Pledge of Allegiance Zed by Town Clerk Donald A. Chase Meeting Opened 5:23 P.M. i PRESS: G.F. Post Star GUESTS: Mr. H. Russell Harris TOWN OFFICIALS: Mr. Richard Roberts, Mr. Stephen Lynn, Mr. Mack Dean, Mrs. Hilda Mann Supervisor Walter- (Discussion hgZd on Zoning Classification changes) (map shown) noted it was a matter of moving a zone to a street Zine, some errors were picked up when we were working with the surveyors preparing the final map. . .zn one area on Quaker Road a persons property was cut in half with the distances shown on the map we are proposing to make his property aZZ HC=15 RICHARD ROBERTS- requested that the area of the West Glens FaZZs Fire House be LI-1A " allow firehouses as a permitted use on the schedule describing LI-1A " SUPERVISOR WALTER- we are mereZy-- cZarifry'ing what we wanted in the first place and have it show up on a map. . . RESOLUTION TO SCHEDULE PUBLIC HEARING CONCERNING PROPOSED CHANGES IN ZONING CLASSIFICATION RESO , TTON NO 99s Introduced by Dr. Charles Eisenhart who moved for its adoption, seconded b y Mr. Daniel Morrell: WHEREAS, certain areas of the Town of Queensbury in the vicinity of Quaker Road, Bay Road i and Glenwood Avenue arm presently included within a zoning classification of UR-5 d II% WHEREAS, certain other areas of the Town o Queensbury in the Sunset Park area are re- f � p sentZy included in a zoning classification of UR-10, and WHEREAS, the Town of Queensbury Planning Board has recommended to the Town Board the rezoning of certain premises in the vicinity of Quaker Road, Bay Road and Glenwood Avenue from the present zoning classification of UR-5 to a new classification of HC-15, and WHEREAS, the Town of Queensbury Planning Board has further recommended to the Town Board the rezoning of certain premises in the Sunset Park area from the present zoning cZassifica- tion of UR10 to a new classification of LI-1A, and WHEREAS, upon said recommendation of the Town of Queensbury Planning Board, the recommended changes in zoning classification set forth above were referred to the Warren County Planning Board for recommendations concerning the said proposed zoning recZassifications, and WHEREAS, the Warren County Planning Board has concurred in the recommendation of the Town of Queensbury Planning Board and has recommended the rezoning to the new m cZassifica- tions set forth above, and WHEREAS, said recommendations of the Queensbury Planning Board and the Warren County Planning Board are worthy of consideration, and WHEREAS, the area in the vicinity of Quaker Fbad, Bay Road and Glenwood Avenue recommended to be rezoned from the present classification of UR-5 to HC-15 is more particularly described in Exhibit "A" annexed hereto, and WHEREAS, the specific area recommended to be rezoned in the Sunset Park area from UR-10 to LI-1A is more particularly described in Exhibit "B" annexed hereto, and WHEREAS, a public hearing to consider the proposed rezoning is worthy of consideration, and WHEREAS, a public hearing to consider the proposed zoning recZassifications is required by Zaw, NOW, THEREFORE BE IT RESOLVED, that a public hearing to be held before the Town Board of the Town of Queensbury at the Queensbury Town Office B.uiZding, Bay & Haviland Roads, on the 3rd day of August i 146 1982, at 7:30 p.m. EDT on that date to consider said proposed rezonings and to hear all persons interested in the subject thereof concerning the same and for such other action on the part of said Town Board with relation to the proposed rezonings as may be required by Zaw or as may be proper in the premises, and be it further RESOLVED, that the Town Clerk be directed to cause notice of said public hearing be published in accordance with law andi:,to take any and all other necessary action required by law for the holding of slid public hearing. DuZy adopted by the following vote: Ayes: Mr. Olson, Dr. Eisenhart, Mr. Morrell, Mrs. Monahan, Mrs. Walter Noes: None Absent: None SCHEDULE A Rewording of the descriptionof a portion of HC-15 Zone in the vicinity of Quaker Road, Bay Road and Glenwood Avenue . . .Running northerly from a point in the center of Glenwood Avenue where the same is intersected by the extension southerly of the easterly bounds of lands of Wheeler Howe, to the southeasterly corner of the said lands of Howe and continuing the same course northerly along the easterly bounds thereof and the easterly bounds of lands of Wescott Realty corporation, to the southerly bounds of lands of John Wheeler: Thence easterly along the southerly bounds of the said lands of Wheeler and continuing the same course to the center of Bay road: Thence northerly in the center of Bay Road to a point therein distant 600 feet northerly, measuring in the center thereof, from the intersection of the same with the center of Cronin Road: thence easterly perpendiculary to Bay Road, 500 Feet: Thence southerly parallel to Bay Road 600 feet to the centerZine of Cronin Road: Thence easterly in the center of Cronin Road to a point therein intersected by the prJoction northerly of the easterly bounds of premises conveyed by May A. Cronin to Glens Falls Lodge Number 81, B.P.O.E. by deed dated September 13, 1976 recorded in Book Number 599 of deeds at page 986 in the Warren County Clerk 's Office: thence southerly to the northeasterly corner thereof and continuing the same course on the easterly bounds thereof to a point in the northerly bounds of premises conveyed by May A. Cronin to Quaker Village Development Corporation by deed dated December 28, 1977, Recorded in Book number 610 of Deeds at page 1013 in the Warren County Clerk's Office; thence easterly along the northerly bounds thereof to the center of Halfway Brook; thence running in a generally southwesterly direction in the center of the said brook a6 the same winds and turns, to a.,point therein at an--angle point in the easterly bounds of premises conveyed by Albert J. Leombruno to Stephen K. and Dorothy Zemanek by deed dated August 13, 1964, recorded in book number 444 of deeds at page 558 in the Warren county Clerk's Office; thence southerly along a portion of the easterly bounds thereof and being also along the westerly bounds of a strip of land about twelve feet in width belonging to Niagara Mohawk Power Corporation and continuing the same course to the center of Quaker Road; thence running easterly in the center of Quaker Road. . . SCHEUDLE B Rewording of the description of a portion of UR-10 zone in Sunset Park area .. .Running thence easterly along Sherman Avenue 175 feet to the intersection of the same with the CenterZine of Veterans road: thence southerly In the center of Veterans Road to a point therein at the intersection of the same with the extension westerly of the southerly bounds of lands of Niagara Mohawk Power Corporation and the northerly bounds of lands of Rocco Denino and others; thence easterly to the southwesterly corner of the said lands of Niagara Mohawk Power Corporation and the northwesterly corner of the said lands of Denino, and continuing the same course easterly to the center of Alta Avenue; thence southerly in the center of Alta Avenue to the intersection of the same with the center of Columbia Street: Thence easterly in the center of Columbia Street to a point therein intersected by the extension northerly of the course of the easterly bounds of lands of Paul and Margery Hayes: thence southerly to the northeasterly corner of the said ;lands of Hayes and continuing the same course along the easterly bounds of the said lands of Hayes to the north- westerly corner of the lands of Floyd and Margaret Barnes, thence southerly along the westerly bounds of the said lands of Barnes and being also along the westerly bozands of lands of Peter and Nancy Leonbruno and the easterly bounds of lands of Canada Dry Bottling Co. and continuing the some course to the center of Luzerne Road; thence westerly in the in the center of Luzerne Road. . . RESOLUTION TO ACCEPT CONVEYANCE OF EASEMENT FOR DRAINAGE PURPOSES P,F.gnT.TJrPT/]n7 Nn 200 Introduced by Mr. Daniel Olson who moved for its adoption, seconded by Mr. Daniel Morrell: * Amendment to Resolution No. 265 to be found on page 148. 147 WHEREAS, Emma Johnson and Daniel L. Johnson, as the owners of certain real property situate in the Town of Queensbury located generally to the north of Cline Avenue and to the west of Meadowbrook Road and identified on the Warren County Tax Maps as 8-108-1-4 have offered to convey to the Town of Queensbury an easement for drainage purposes on or over a portion of said premises, and WHEREAS, a proposed drainage easement agreement between Emma Johnson and Daniel L. Johnson as "Grantors", and the Town of Queensbury, as "Grantee", has been prepared by Joseph R. Brennan, Counsel to the Town Board, a copy of which agreement is annexed hereto, and WHEREAS, said proposed easement has been executed by Emma Johnson and Daniel L. Johnson and WHEREAS, Paul H. NayZor, eueensbury Superintendent of Highways, has recommended to the Town Board that it accept said drainage easement and WHEREAS, it appears that such an easement would be beneficial to the Town of Queensbury to resolve a drainage problem existing upon the premises and on contiguous properties `- and Town roa&oays, NOW, THEREFORE BE IT RESOLVED, that the Town of Queensbury accept the drainage easement proposed to be conveyed to the Town by Emma Johnson and Daniel L. Johnson in the form annexed hereto, and be it further RESOLVED, that the Town Clerk be and he hereby is directed to cause the original of said easement to be recorded in the office of the Warren County Clerk and, upon recordation, to file and maintain the same in 'gie office of the Town Clerk. Duly adopted by the following vote: I Ayes: Mr. Olson, Dr. Eisenhart, Mr. MorreZZ, Mrs. Monahan, Mrs. Walter Noes: None Absent: None Discussion held in regard easement for drainage. . .Supervisor Walter- This is a problem that the Town has been dealing with for several years—this is a low area ddzd.'this should relieve some of the problem in this area. . .Councilman Olson- revieud the history of this drainage system starting back with Mr. Garb. . .the original drainge was placed,, it was agreed that when the property was filled in the Town would extend the drainage toward Quaker Road. . .noted that Mr. Naylor has the pipe on hand. . . Discussion held in regard to Jerry Brown Junk Yard Lower Warren Street-Supervisor Walter, we have had a public heaving and tabled any decision until we had information from the Beautification Commission. . .the junk yard is permitted in this zone. . . The Town Board was hesitant re: Junk yard but would go along with the recommendations of the Beautification RESOLUTION TO APPROVE PERMIT FROM MR. JERRY BROWN FOR JUNK YARD committee. . . RE4OT,T]TTON Nn_ 2s2 Introduced by Dr. Charles Eisenhart who moved for its adoption, seconded by Mr. Daniel Morrell: (Text to be found on page $3 Duly adopted by the following vote: Ayes: Mr. Olson, Dr. Eisenhart, Mr. Morrell, Mrs. Monahan, Mrs. Walter Noes: None I Absent: None —Councilman Monahan inquired of Counsel, could the Board require a certain size and type of fence and coZoring. . .Town Counsel noted that the applicant according to the Ordinance had a certain size and type of fencing that he could place,the Town can not specify which one he has to use. . . Councilman Monahan requested that no materials be placed above the fence—that the material be fenced on all four sides. . .any equipment or repair be far enough from the right of way that they do not interfere with being a traffic hazard. . . Mrs. Hilda Mann-asked if the junk was to be placed inside the fence and what are the requirements that he must meet before a license is issued. . . Mr. Joseph Brennan- the fence must be completed before the permit is issued. . .Councilman Monahan noted that the Town cannot require .' that the vehicles being repaired be behind the fence. . . Mr. Joseph Brennan- any junk yard activity must be behind the fence. . .repair of vehicles outside, it is �� rtuaZZy impossible to prove when an individual is repairing a vehicle and when he is dismantaZing a vehiole for purposes of parts. .. "Councilman Eisenhart introduced the resolution with the stipulation that the ordinance be strictly complied with Councilman Monahan- amended that, ahirtth the stipulations that the Beautification mrinittee made. 148 Councilman Eisenhart- we have had approvaZ from the Town Planning Board. . .Mrs. HiZda Mann- noted a problem in enforcement. . .Mr. Joseph Brennan-. . . the Junk yard, dismantaZing storage etc. would have to be inside the fence but there is no requirement for someone who is in the business of repairing vehicZes to be inside a fence-it is very difficuZt to prove in which activity he is being engaged unZess you are watching it twenty four hours a day. . .CounciZman Monahan, can we specify how tong a car can be there for repaii, before it has to be placed behind the fence? Town CounseZ no. . . SUPERVISOR WALTER- the permit would be issued upon compZianee with the stipulations a-nd the provisions of the ordinance COUNCILMAN MONAHAN- voted yes, with the hope that Mr. Brown wiZZ be cooperative member of our community and reaZize his business is on one of the approaches of the Town of Queensbury. SUPERVISOR WALTER- this Zicense is renewaF Ze on a yearZy basis, the provisions of this wiZZ hold for one year and non compZignce, he could have the Zicense revoked at j any time. . . - Mr. Richard Roberts - noted that another change should be made in the ordinance ,..� having to do with article 78 proceedings, the ordinance now states 60 days it should be 30 days. . .Mr. Joseph Brennan, noted that you cannot supersede' the Town taw by ordinance Mr. Richard Roberts also firehouses as a permitted use in an LI-ZA zone should be added to the scheduZe. . . RESOLUTION TO AMEND RESOLUTION NO. 265 of 1982 RESOLUTION Nn_ 2R8. Introduced by Dr. CharZes Eisenhart who moved for its adoption, seconded by Mr. Daniel MorreZZ: RESOLVED, that Resolution entitZed "RESOLUTION TO SCHEDULE PUBLIC HEARING CONCERNING PROPOSED CHANGES IN ZONING CLASSIFICATION" be amended as foZZows: i 1. to aZZow Firehouses as a permitted use on the schedule describing L.I-ZA in the Town of Queensbury Zoning Ordinance and, 2. To correct section 12. 030 of the Town of Queensbury Zoning Ordinance adopted May 25, 1982 to conform with the New York State Town Law, that aZZows 30 days to institute ArticZe 78 proceedings. Duly adopted by the foZZowing vote: kk l Ayes: Mr. Olson, Dr. Eisenhart, Mr. MorreZZ, Mrs. Monahan, Mrs. WaZter Noes: None Absent: None On motion the meetin g 0 was adjourned. Respectfully submitted, Donald A. Chase, TWn Clerk