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080.94 RESOLUTION TO SET PUBLIC HEARING ON PROPOSED AMENDMENT TO ZONING ORDINANCE - REGARDING PETITION FOR CHANGE OF ZONE FOR AL BOYCHUK, AGENT FOR DONALD BAKER RESOLUTION NO. 80, 94 INTRODUCED BY: Mrs. Carol Pulver WHO MOVED ITS ADOPTION SECONDED BY: Mrs. Betty Monahan 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. Al Boychuk, Agent for Mr. Donald Baker, whereby the parcel of land, known as Tax Map No. 110-1-1.25, and located at 36 Dix Avenue in the Town of Queensbury would be changed from LI-1A (Light Industrial Zone - 1 Acre) to HC-1A (Highway Commercial - 1 Acre) or PC-1A (Plaza Commercial - 1 Acre), thus modifying the existing Zoning Ordinance and Map, and WHEREAS, on or about November 29, 1993, 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 21st day of December, 1993, the Planning Board for the Town of Queensbury adopted a resolution to recommend to the Town Board approval of the Petition for a Change of Zone for Mr. Al Boychuk, Agent for Mr. Donald Baker to Plaza Commercial - 1 Acre, 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 Short Environmental Assessment Form and completed Petition for a Change of Zone, 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 described in the preambles of this resolution, and BE IT FURTHER, RESOLVED, that said public hearing shall be held on March 7th, 1994, at 7:00 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 2 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 Executive Director 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 to review and send any notices to potentially involved agencies that may be necessary, and BE IT FURTHER, RESOLVED, that the Executive Director is also hereby 3 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, if notice is necessary. Duly adopted this 7th day of February, 1994, by the following vote: AYES : Dr. Wiswall, Mrs. Pulver, Mrs. Monahan NOES : None ABSENT: Mr. Caimano ABSTAIN: Mr. Champagne 4