662.91
RESOLUTION AMENDING ZONING ORDINANCE TO CHANGE THE DESIGNATION
OF PROPERTY OWNED BY J. BUCKLEY BRYAN, JR.
(TAX MAP NO.: 73-1-22) FROM RR-3A TO MR-5
RESOLUTION NO. 662, l99l
INTRODUCED BY: ENTIRE TOWN BOARD WHO MOVED ITS ADOPTION
WHEREAS, the Town Board of the Town of Queensbury held a
public hearing, considered and voted on a proposed amendment,
supplement, change and/or modification to the Town of Queensbury
Zoning Ordinance, which provided for the rezoning of an
approximately 25 acre parcel owned by J. Buckley Bryan, Jr.,
bearing tax map number 73-l-22, and the same being more
specifically described in a deed filed in the Warren County Clerk's
Office at Book 673, Page 92, and a map entitled "Map of a Survey
Made for Kennedy-Bates Development Company, Inc.", by VanDusen &
Steves (copies of the same being presented at this meeting), and
WHEREAS, the proposed amendment, supplement, change and/or
modification to the Town of Queensbury Zoning Ordinance and Map was
to change the aforedescribed 25 +\- parcel of land from the current
zoning designation of RR-3A (Rural Residential - One Principal
Building Allowed for Every 3 Acres Within the Zone) to the zoning
designation of MR-5 (Multi-Family Residential - 1 Dwelling Unit for
Every 5,000 Square Feet of Land Area Within the Zone), subject to
certain conditions, and
WHEREAS, one of the principal purposes of the rezoning was to
allow the construction of a 41 unit HUD senior citizens residential
complex on approximately 5 acres of the 25 acres of land to be
rezoned; the remaining property was to be developed as MR-5 but in
a manner consistent with the development of the aforesaid senior
citizens complex, and
WHEREAS, the vote by the Town Board of the Town of Queensbury
to rezone the property as set forth above failed to result in a
rezoning as four (4) votes were needed in accordance with the
provisions of the General Municipal Law of the State of New York
due to the disapproval of the project by the Warren County Planning
Board, and
WHEREAS, in the opinion of the Town Board, it would appear
that one of the major reasons the project was not approved by a
sufficient majority of the Town Board was due to concerns of
traffic congestion and other environmental impacts associated with
a full development of the property as proposed, and
WHEREAS, the Town Board of the Town of Queensbury has been
informed by Mr. Bryan, Jr. that he would be interested in pursuing
a rezoning of only part of the property, aforedescribed, in a size
of approximately 5 +/- acres so that the aforesaid 41 unit HUD
Senior Citizens Residential Complex could be constructed, and
WHEREAS, it is the understanding of the Town Board that the
proposal now presented to the Board for consideration is to rezone
from RR-3A (Rural Residential - 1 Principal Building Allowed for
Every 3 Acres Within the Zone) to MR-5 (Multi-family Residential -
1 Dwelling Unit for Every 5,000 Square Feet of Land Within the
Zone) that portion of property consisting of approximately 5 +\-
acres situated within the boundaries of that property having a tax
map number set forth in the Town of Queensbury Zoning Map Book as
73-1-22 and Warren County deed reference of Book 673, Page 92, the
same property being located off of Fox Farm Road (off of Aviation
Road), in the Town of Queensbury, and
WHEREAS, the revised proposed change of zone would appear to
eliminate the concerns of traffic congestion and other
environmental impacts and be compatible with the relevant portions
of the Comprehensive Land Use Master Plan of the Town of Queensbury
as it promotes affordable senior citizen housing and for the
reasons more specifically set forth herein, and
WHEREAS, the subject premises would seem to accommodate
housing for senior citizens and individuals with unique needs and
it would seem, from experiences of the members of the Town Board of
the Town of Queensbury, that it would be difficult to find another
location which would provide the secluded atmosphere, yet the
proximity to services, and
WHEREAS, it would appear the community interest would be
generally served by providing housing for a segment of the
population which currently has limited housing options, and
WHEREAS, the senior citizens housing complex would be assisted
by a Federal Aid or Grant Program, and it is necessary to take
immediate and quick action to preserve said grant program, and
WHEREAS, as a result of the public hearings and discussions
had relative to this zoning proposal, the Town Board of the Town of
Queensbury feels that the citizens generally support rezoning of a
portion of Mr. Bryan's property, consisting of approximately 5 +/-
acres, and
WHEREAS, the Town Board has held the public hearing required
by Town Law Section 265, provided notice as required therein, and
has received notice that the Warren County Planning Board has
approved this rezoning, and
WHEREAS, the Town Board of the Town of Queensbury has given
due consideration to all comments made on this and the previous
application for rezoning,
NOW, THEREFORE, BE IT
RESOLVED, that the Town of Queensbury Zoning Ordinance is
hereby amended to re-zone that portion of property owned by J.
Buckley Bryan, Jr. bearing Town of Queensbury Tax Map No. 73-l-22,
and consisting of approximately 5+\- acres and situated in the
southeasterly corner of said parcel as more specifically shown on a
sketch made for National Church Residences by VanDusen & Steves
dated December 9, 1991 and presented at the public hearing of
December 10, 1991, from the current zoning designation of RR-3A
(Rural Residential - 1 Principal Building Allowed for Every 3 Acres
Within the Zone ) to the zoning designation of MR-5 (Multi-Family
Residential - 1 Dwelling Unit for Every 5,000 square feet of Land
Area Within the Zone) subject to the conditions, which shall be
generally as follows:
1) The subject premises shall be used for the purpose of
constructing a 41 Unit HUD Section 202 Project for
Senior Citizens; and
2) The subject 5 + - acre premises to be rezoned and
Senior Citizens HUD Projects shall not have access for
egress to or from Fox Farm Road.
3) Standard field percolation tests shall be conducted for
verification of laboratory permeability test results,
prior to any subdivision approval or site plan approval
requiring subsurface sewage disposal and stormwater
infiltration systems. To the extent practicable water
saving plumbing fixtures shall be used. In the event
that suitable septic systems cannot be built in
compliance with all State and Local Laws, development of
the property with dwelling units or other buildings will
be limited to a number or square footage for which
proper septic systems can be constructed; and
4) The subject premises shall be developed in accordance
with the Town of Queensbury Zoning Ordinance, except as
otherwise provided herein, and all subdivision approvals
and/or site plan approvals shall be obtained and
recreation fees imposed by law shall be paid as is
usually required for any other project requiring
subdivision or site plan approval; and
5) All practical steps shall be taken to identify and
preserve or enhance, to the extent practicable the
habitats, if any, of endangered animals or plants on the
premises.
6) The change of zone shall be granted subject to voluntary
covenants and restrictions imposed upon the subject
premises by the applicant herein, Mr. J. Buckley Bryan,
Jr., and subject to revision only with Town Board of the
Town of Queensbury consent, as set forth in a written
instrument to be duly recorded in the Office of the
Clerk of Warren County and this resolution and said
change of zone shall become effective only upon Town
Board approval of the covenants and restrictions and
recording of the same by the Town Board, and
BE IT FURTHER,
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RESOLVED, that the zoning map for the Town of Queensbury is
hereby amended to provide for the rezoning of said lands, and
BE IT FURTHER,
RESOLVED, that pursuant to the requirements of Article II of
the Town of Queensbury Zoning Ordinance and Section 265 of the Town
Law, the Town Clerk shall, within five (5) days, direct that a
certified copy of said changes be published in the Glens Falls
Post-Star and obtain an Affidavit of Publication, and
BE IT FURTHER,
RESOLVED, that this amendment take effect ten (10) days after
said publication.
Duly adopted this 12th day of December, l99l, by the following
vote:
AYES : Mr. Montesi, Mrs. Monahan, Mr. Borgos
NOES : None
ABSENT: Mr. Kurosaka, Mrs. Potenza
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