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145.2005 RESOLUTION SETTING PUBLIC HEARING ON PETITION FOR CHANGE OF ZONE FOR PROPERTY OWNED BY BAY MEADOWS COUNTRY CLUB, INC. AND JOHN DREPS AND EUGENE CERNIGLIA RESOLUTION NO.: 145, 2005 INTRODUCED BY : Mr. Theodore Turner WHO MOVED ITS ADOPTION SECONDED BY : Mr. John Strough WHEREAS, the Queensbury Town Board is considering a request by John Dreps and Eugene Cerniglia to amend the Town Zoning Ordinance and Map to rezone properties bearing Tax Map No.’s: 296.16-1-14; 296.16-1-16.1 and 296.16-1-15 located on the east side of Bay Road, North of Cronin Road in the Town of Queensbury from Planned Unit Development (PUD) to Highway Commercial Intensive (HC-INT) and to facilitate a land swap across a zoning boundary to facilitate five (5) lot commercial subdivision, and th WHEREAS, on or about January 24, 2005, the Town Board adopted a Resolution authorizing submission of the rezoning application to the Town’s Planning Board for report and recommendation and consenting to the Planning Board acting as Lead Agency for SEQRA review of the project, and nd WHEREAS, on or about February 22, 2005, the Queensbury Planning Board considered the proposed rezoning, adopted a SEQRA Negative Declaration and with the concurrence of the applicant, made a recommendation to the Town Board to rezone approximately one (+1) acre of land from Planned Unit Development (PUD) to Highway Commercial Moderate (HC-MOD), rezone approximately One and Two One-Hundredths (+1.02) acres of land from Highway Commercial Intensive (HC-INT) to Planned Unit Development (PUD), then rezone the entire project site of approximately Six and Thirty-Seven Hundredths (+6.37) acres to Highway Commercial Moderate (HC-MOD), and th WHEREAS, on or about February 9, 2005, the Warren County Planning Board considered the proposed rezoning and made a recommendation of “No County Impact,” and WHEREAS, before the Town Board may amend, supplement, change, or modify its Ordinance and Map, it must hold a public hearing in accordance with the provisions of Town Law §265, the Municipal Home Rule Law and the Town of Queensbury Zoning Laws, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board shall hold a public hearing on Monday, st March 21, 2005 at 7:00 p.m. at the Queensbury Activities Center, 742 Bay Road, Queensbury to hear all interested parties concerning the request by John Dreps and Eugene Cerniglia to amend the Town Zoning Ordinance and Map to rezone the following properties: ? A portion of the property bearing Tax Map No. 296.16-1-14 and a portion of the property bearing Tax Map No. 296.16-1-16.1 totaling approximately One and Two One- Hundredths (+1.02) acres of land from Highway Commercial Intensive (HC-INT) to Planned Unit Development (PUD); ? A portion of the property known as Tax Map No. 296.16-1-15 equaling approximately one (+1) acre of land from Planned Unit Development (PUD) to Highway Commercial Moderate (HC-MOD); ? The remainder of the properties known as Tax Map No. 296.16-1-14 and Tax Map No. 196-1-16.1 from Highway Commercial Intensive (HC-INT) to Highway Commercial Moderate (HC-MOD); and to facilitate a land swap across a zoning boundary to facilitate five (5) lot commercial subdivision, and BE IT FURTHER, 2 RESOLVED, that the Town Board hereby authorizes and directs the Town Clerk’s Office to provide 10 days notice of the public hearing by publishing the attached Notice of Public Hearing in the Town’s official newspaper and posting the Notice on the Town’s bulletin board, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Community Development Department to provide the Town Clerk’s Office with a list of all property owners located within 500' of the area to be rezoned so that the Town Clerk’s Office may send the Notice of Public Hearing to those property owners, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Clerk’s Office to send the Notice of Public Hearing to the Clerk of the Warren County Board of Supervisors, Warren County Planning Board and other communities or agencies that it is necessary to give written notice to in accordance with New York State Town Law §265, the Town’s Zoning Regulations and the Laws of the State of New York. th Duly adopted this 7 day of March, 2005, by the following vote: AYES : Mr. Turner, Mr. Strough, Mr. Brewer, Mr Stec, Mr. Boor NOES : None ABSENT: None 3