215.2002
NOTICE OF ADOPTION
At a Regular Meeting of the Town Board of the Town of Queensbury held on May
6th, 2002 at the Queensbury Center, Town of Queensbury, 742 Bay Road,
Queensbury, New York, the following resolution was passed:
RESOLUTION AUTHORIZING AMENDMENT OF ZONING ORDINANCE
TO CHANGE CLASSIFICATION OF PROPERTY OWNED BY
HOME DEPOT U.S.A., INC. LOCATED ON MONTRAY ROAD
FROM SFR-1A (SINGLE FAMILY RESIDENTIAL – ONE ACRE)
TO HC-INT (HIGHWAY COMMERCIAL INTENSIVE)
RESOLUTION NO. 215, 2002
INTRODUCED BY: Mr. Tim Brewer
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Daniel Stec
WHEREAS, the Queensbury Town Board is considering a request by Home Depot U.S.A.,
Inc., to amend the Town Zoning Ordinance and Map to rezone property bearing Tax Map No.: 72-7-3
located on Montray Road in the Town of Queensbury from SFR-1A (Single Family Residential – One
Acre) to HC-Int (Highway Commercial Intensive), and
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WHEREAS, on or about January 14, 2002, 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
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WHEREAS, on or about February 26, 2002, the Queensbury Planning Board considered the
proposed rezoning and made a positive recommendation to the Town Board to approve the rezoning
application, and
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WHEREAS, on or about February 13, 2002, the Warren County Planning Board considered
the proposed rezoning and made a recommendation of “No County Impact,” and
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WHEREAS, on or about April 11, 2002, the Queensbury Planning Board, as SEQRA Lead
Agency, considered the proposed rezoning and site plan, reviewed the Environmental Assessment Form
and associated documentation, thoroughly analyzed the action for potential environmental concerns,
determined that the project would not have a significant effect on the environment and adopted a
Resolution adopting a SEQRA Determination of Non-Significance concerning the project, and
WHEREAS, the Town Board duly conducted a public hearing concerning the proposed
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rezoning on May 6, 2002, and considered the conditions and circumstances of the area affected by the
rezoning,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby amends the Town of Queensbury
Zoning Ordinance and Map to rezone property owned by Gertrude Stone, bearing Tax Map No.: 72-7-
3 located on Montray Road in the Town of Queensbury from SFR-1A (Single Family Residential – One
Acre) to HC-Int (Highway Commercial Intensive), and
BE IT FURTHER,
RESOLVED, that the Town Board hereby authorizes and directs the Queensbury Town Clerk
to arrange with a surveyor 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 and the Town of Queensbury Planning Board, and
BE IT FURTHER
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RESOLVED, that this rezoning is expressly contingent upon there being no access to such
property from Montray Road, and
BE IT FURTHER
RESOLVED, that this rezoning is subject to the following condition: The applicant aggress that
within 18 months after all necessary approvals have been obtained and the time to appeal those decisions
has elapsed, construction on the proposed project will begin, or zoning will revert to single family
residential one acre, and be it further provided that this period will extend in the event a third party
begins litigation, and
BE IT FURTHER,
RESOLVED, in accordance with the requirements of the Town of Queensbury Zoning
Ordinance Article XIII 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.
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Duly adopted this 6 day of May, 2002, by the following vote:
AYES : Mr. Boor, Mr. Turner, Mr. Stec, Mr. Brewer, Mr. Brower
NOES : None
ABSENT: None
I, Karen A. O’Brien, Deputy Town Clerk II of the Town of Queensbury, Warren County, New York,
do hereby certify that I have compared the foregoing with the original resolution as listed above adopted
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at a Regular Meeting of the Town Board of the Town of Queensbury held on the 6 day of May 2002
at which a quorum was present and that the same is a correct transcript therefrom and of the whole
original thereof to date.
IN WITNESS THEREOF, I have hereto set my hand and the SEAL of said Town of Queensbury,
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this 7 day of May, 2002.
SEAL SIGNED:______________________________________
Karen A. O’Brien
Deputy Town Clerk II
Town of Queensbury
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