444.93
RESOLUTION RE-ADOPTING RESOLUTION AMENDING
ZONING ORDINANCE TO CHANGE THE DESIGNATION OF
PROPERTY OWNED BY CLAUDE C. CHARLEBOIS
(APPLICANT - ZAREMBA GROUP, INC.)
FROM LI-1A, PC-1A, HC-15, AND HI-3A TO PC-1A
RESOLUTION NO. 444, 93
INTRODUCED BY: Mr. Nick Caimano
WHO MOVED FOR ITS ADOPTION
SECONDED BY: Mr. Michel Brandt
WHEREAS, Zaremba Group, Inc. petitioned the Town Board of the
Town of Queensbury for a zoning change of the property owned by Mr.
Claude C. Charlebois (Town of Queensbury Tax Map No.s: 110-1-2.1,
110-1-21, 110-1-22 and 11-1-30) from the current zoning of LI-1A
(Light Industry - 1 Acre), PC-1A (Plaza Commercial - 1 Acre), HC-15
(Highway Commercial - 15,000 Square Feet), and HI-3A (Heavy
Industry - 3 Acres) to PC-1A (Plaza Commercial - 1 Acre), and
WHEREAS, on the 20th day of April, 1993, the Town of
Queensbury Planning Board recommended approval of the petition, and
WHEREAS, the Warren County Planning Board initially did not
take action on said petition, and later, on July 14th, voted to
recommend approval with the conditions that any proposed traffic
mitigation efforts should be done at the suggestion and concurrence
with the County's Highway Superintendent, Fred Austin and that the
zone change relate specifically to the K-Mart project, and
WHEREAS, a public hearing was held on this matter on May 24,
1993, and
WHEREAS, the Town Board of the Town of Queensbury made a
determination that the rezoning will have no significant
environmental impact, and
WHEREAS, the Town Board of the Town of Queensbury considered
the conditions and circumstances of the areas to be rezoned and
approved the rezoning on June 7, 1993, at a time when it was
believed that the time in which Warren County Planning Board could
act had expired, and
WHEREAS, the Town Attorney has advised the Town Board that, in
view of the Warren County Planning Board's July 14, 1993 action,
the Town Board should reconsider and, if it desires, re-adopt the
rezoning resolution to avoid possible procedural challenges
relative to the timing of the earlier Town Board resolution,
although the Town Attorney also advises that he feels the Town
Board did proceed correctly at the time of the original adoption of
the rezoning resolution,
NOW, THEREFORE, BE IT
RESOLVED, that the Town Board hereby notes that traffic
matters and mitigation, if any, are to be addressed by the Planning
Board as part of the separate site plan review that is necessary,
and
BE IT FURTHER,
RESOLVED, that the following resolution be re-adopted:
RESOLVED, that the Town of Queensbury Zoning Ordinance is
hereby amended to re-zone the property owned by Mr. Claude C.
Charlebois (Applicant - Zaremba Group, Inc.), Town of Queensbury
Tax Map No.s: 110-1-2.1, 110-1-21, 110-1-22 and 110-1-30 to PC-1A
(Plaza Commercial - 1 Acre), thereby authorizing all uses permitted
under Section 179-22 of the Code of the Town of Queensbury in such
area, and
BE IT FURTHER,
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 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
copies of this resolution and the aforesaid notice shall be
circulated to the various agencies and departments as may be
required by law or regulation.
Duly adopted this 9th day of August, 1993, by the following
vote:
AYES: Mr. Caimano, Mr. Tucker, Mrs. Goetz, Mr. Brandt
NOES: Mrs. Monahan
ABSENT:None