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411.2005 AMENDING ZONING ORDINANCE TO CHANGE CLASSIFICATION OF PROPERTY OWNED BY RUSSELL O’CONNOR AND JAMES O’CONNOR LOCATED ON BIG BOOM ROAD FROM LIGHT INDUSTRY (LI), WATERFRONT RESIDENTIAL – ONE ACRE (WR-1A) AND SUBURBAN RESIDENTIAL – ONE ACRE (SR-1A) TO MIXED USE (MU) RESOLUTION ADOPTING SEQRA NEGATIVE DECLARATIONAND RESOLUTION NO.: 411, 2005 INTRODUCED BY: Mr. Roger Boor WHO MOVED ITS ADOPTION SECONDED BY: Mr. John Strough WHEREAS, the Queensbury Town Board is considering a request by Russell O’Connor and James O’Connor to amend the Town Zoning Ordinance and Map to rezone properties bearing Tax Map No.’s: 309.14-1-86 and 309.14-1-89 located on Big Boom Road, Queensbury from Light Industry (LI), Waterfront Residential – One Acre (WR-1A) and Suburban Residential – One Acre (SR-1A) to Mixed Use (MU), and nd WHEREAS, on or about July 22, 2003, the Queensbury Planning Board considered the proposed rezoning and adopted a Resolution consenting to the Queensbury Town Board being designated Lead Agency for the proposed rezoning and recommended approval of the rezoning, and th WHEREAS, on or about July 9, 2003the Warren County Planning Board considered and approved the proposed rezoning, and WHEREAS, the Town Board duly conducted public hearings concerning the proposed thth rezoning on August 18 and September 8, 2003 and the hearing was left open, and WHEREAS, the Town Board agreed that it was in the public interest to re-advertise and continue the public hearing prior to acting on the petition, and so the Town Board conducted another th public hearing on September 12, 2005, and WHEREAS, as SEQRA Lead Agency, the Town Board has reviewed a Full Environmental Assessment Form to analyze potential environmental impacts of the proposed rezoning, and WHEREAS, the Town Board has considered the conditions and circumstances of the area affected by the rezoning, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby determines that the proposed rezoning will not have any significant environmental impact and a SEQRA Negative Declaration is made, and BE IT FURTHER, RESOLVED, that the Town Board hereby amends the Town of Queensbury Zoning Ordinance and Map to rezone property owned by Russell O’Connor and James O’Connor bearing Tax Map No.’s: 309.14-1-86 and 309.14-1-89 located on Big Boom Road, Queensbury from Light Industry (LI), Waterfront Residential – One Acre (WR-1A) and Suburban Residential – One Acre (SR-1A) to Mixed Use (MU), and BE IT FURTHER, RESOLVED, that the petitioners, Russell O’Connor and James O’Connor agree as a condition of this rezoning to dedicate to the Town the real estate necessary for the relocated Big Boom Road and agree to provide such commitment in written form to the Town of Queensbury within two weeks of this resolution and prior to updating the official Town Zoning Map, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Queensbury Town Clerk 2 to forward a copy of this Resolution to the Town’s Zoning Administrator to update the official Town Zoning Map to reflect this change of zone, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Town Clerk to send a copy of this Resolution to the Warren County Planning Board, Town of Queensbury Zoning Board of Appeals, Town of Queensbury Planning Board and any agency involved for SEQRA purposes, and BE IT FURTHER, RESOLVED, in accordance with the requirements of the Town of Queensbury Zoning Ordinance and Town Law §265, the Town Board hereby authorizes and directs the Town Clerk to publish a certified copy of the zoning changes in the Glens Falls Post-Star within five (5) days and obtain an Affidavit of Publication, and BE IT FURTHER, RESOLVED, that this amendment shall take effect upon filing in the Town Clerk’s Office. th Duly adopted this 12 day of September, 2005, by the following vote: AYES : Mr. Brewer, Mr. Stec, Mr. Boor, Mr. Turner, Mr. Strough NOES : None ABSENT: None 3