694.92
RESOLUTION TO SET PUBLIC HEARING ON PROPOSED AMENDMENT
TO ZONING ORDINANCE - REGARDING PETITION FOR CHANGE OF ZONE
RESOLUTION NO. 694, 92
INTRODUCED BY: Mr. Nick Caimano
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Michel Brandt
WHEREAS, the Town Board of the Town of Queensbury is
presently considering an amendment, supplement, change, and/or
modification to the Town of Queensbury Zoning Ordinance and map,
and more specifically considering a request for change of zone by
Mr. Charles R. Wood, whereby a parcel of land, known as Tax Map No.
98-2-1, 98-3-1 and 98-3-5, and located generally adjacent to the
intersections of Aviation Road and Greenway North and Old Aviation
Road in the Town of Queensbury would be changed from SFR-10 (Single
Family Residential - 10,000 square feet) to HC-1A (Highway
Commercial - 1 Acre), thus modifying the existing Zoning Ordinance
and map, and
WHEREAS, on or about August 31, 1992, the Town Board of the
Town of Queensbury adopted a resolution authorizing the submission
of the aforesaid request to be submitted to the Town of Queensbury
Planning Board for a report and recommendation, and indicated its
desire to be lead agent for SEQRA purposes and authorized
notification of all other involved agencies, and
WHEREAS, on or about the 27th day of October, 1992, the
Planning Board for the Town of Queensbury adopted a resolution
stating as follows: Motion to recommend to the Town Board approval
of the Petition for a Change of Zone of Mr. Charles R. Wood, for
commercial to allow a restaurant, and
WHEREAS, the Warren County Planning Board has reviewed the
project and has consented to the Town Board of the Town of
Queensbury being the lead agent for SEQRA review purposes, and has
disapproved the project for reasons more specifically set forth in
the Board's decision and minutes, and
WHEREAS, in order to so amend, supplement, change, or modify
the Ordinance and map, it is necessary pursuant to Town Law §265
and the Town of Queensbury Zoning Laws to hold a public hearing
prior to adopting said proposed amendment,
NOW, THEREFORE, BE IT
RESOLVED, that the Town Board of the Town of Queensbury hereby
acknowledges that the applicant for the proposed rezoning has
submitted a Part I Long Environmental Assessment Form and a number
of exhibits, and that as a result of previous notification of
agencies ascertained to be involved in the project, there is no
objection to the Town Board of the Town of Queensbury being lead
agent for purposes of SEQRA review, and
BE IT FURTHER,
RESOLVED, as lead agent for the SEQRA review process, the Town
Board of the Town of Queensbury hereby determines that it would be
appropriate to wait until after the public hearing in this matter,
prior to making any determination as to whether the project is
appropriately granted a positive or negative declaration, as the
Town Board feels that further information may come forth at the
time of the public hearing, which would assist the Town Board in
making a determination with regard to SEQRA, and the Town Board
also notes that no action can be undertaken or commenced with
regard to the project, until such time as the Town Board shall
legislate a change of zone and that this cannot happen until after
a public hearing, and therefore, setting and holding the public
hearing prior to making the aforedescribed SEQRA determination
would not seem to commit the Town to granting a permit or allowing
the project, and
BE IT FURTHER,
RESOLVED, that the Town Board of the Town of Queensbury shall
hold a public hearing, at which time all parties in interest and
citizens shall have an opportunity to be heard, upon and in
reference to a proposed amendment, supplement, change, and/or
modification to the Town of Queensbury Zoning Ordinance and map,
and
BE IT FURTHER,
RESOLVED, that said public hearing shall be held on January
18th, 1993, at 7:30 p.m., at the Queensbury Activities Center, 531
Bay Road, Queensbury, Warren County, New York, and
BE IT FURTHER,
RESOLVED, that the Town Clerk of the Town of Queensbury is
hereby authorized and directed to give 10 days notice of said
public hearing by publishing the notice presented at this meeting
for purposes of publication in an official newspaper of the Town
and by posting on the Town bulletin board outside the Clerk's
Office said notice, and
BE IT FURTHER,
RESOLVED, that the Town Board of the Town of Queensbury hereby
authorizes and directs the Executive Director of Planning, Zoning,
and Building & Codes to ascertain a list of the names and addresses
of all property owners within 500' of the area to be rezoned, and
further authorizes and directs the said Executive Director to
arrange for notification of the proposed rezoning to all said
property owners that a public hearing will be held mailing to said
owners a copy of the Notice of Public Hearing presented at this
meeting, and
BE IT FURTHER,
RESOLVED, that the Town Attorney's Office of the Town of
Queensbury is also hereby authorized and directed to send notice of
the public hearing to Warren County, by service upon the Clerk of
the Board of Supervisors, and such other communities or agencies
that it is necessary to give written notice to pursuant to Section
265 of the Town Law of the State of New York, the Zoning
Regulations of the Town of Queensbury and the Laws of the State of
New York, and
BE IT FURTHER,
RESOLVED, that the Executive Director is hereby authorized and
directed to give notice of said public hearing and the fact that a
SEQRA determination will not be made until after the hearing, to
any agencies that may be involved for SEQRA purposes, and
BE IT FURTHER,
RESOLVED, that the Town Attorney's Office of the Town of
Queensbury is also hereby authorized and directed to give notice
and refer this matter to the Adirondack Park Agency in accordance
with the laws, rules and regulations of the State of New York and
the Adirondack Park Agency.
Duly adopted this 28th day of December, 1993, by the following
vote:
AYES: Mr. Caimano, Mr. Tucker, Mrs. Monahan, Mr. Brandt
NOES: None
ABSENT: Mrs. Goetz