356.96
RESOLUTION AMENDING ZONING ORDINANCE TO CHANGE
THE DESIGNATION OF PROPERTY UNDER CONTRACT BY MICHAEL J.
VASILIOU, INC.,
(TAX MAP NO.'S: 73-1-22.1, 73-1-22.3, 73-1-22.4,
73-1-22.5, 73-1-22.6, 73-1-22.7, AND A PORTION OF 73-1-21),
FROM THE CURRENT ZONING OF RR-3A TO SR-20 AND MR-5
RESOLUTION NO. 356.96
INTRODUCED BY: Mrs. Carol Pulver
WHO MOVED ITS ADOPTION
SECONDED BY: Mrs. Betty Monahan
WHEREAS, Michael J. Vasiliou, Inc., petitioned the Town Board
of the Town of Queensbury for a zoning change of the property known
as Town of Queensbury Tax Map No.'s: 73-1-22.1, 73-1-22.3, 73-1-
22.4, 73-1-22.5, 73-1-22.6, 73-1-22.7, and a portion of 73-1-21,
from RR-3A (Rural Residential - 3 Acres) to SR-20 (Suburban
Residential - 20,000 Square Feet) and MR-5 (Multi-Family
Residential - 5,000 Square Feet) as part of a proposal for the
Indian Ridge Planned Unit Development (PUD), and
WHEREAS, on or about the 14th day of May, 1996, the Planning
Board for the Town of Queensbury adopted a resolution whereby it
recommended a favorable report for the rezoning and PUD to the Town
Board with the condition that the single family lots be sized at a
minimum of one-half acre, and
WHEREAS, on or about the 14th day of February, 1996, the
Warren County Planning Board also recommended approval of said
rezoning and PUD, concurring with local conditions, and
WHEREAS, a public hearing was held on this matter on June 17,
1996, and
WHEREAS, the Town Board of the Town of Queensbury has made a
determination that the rezoning will have no significant
environmental impact, and
WHEREAS, the Town Board of the Town of Queensbury has
considered the conditions and circumstances of the area affected by
the rezoning, and determines that, assuming that the development
occurs as proposed, the rezoning proposal is worthwhile to consider
since:
1. The project would initially appear compatible with the
area;
2. The project as proposed appears to be in conformance
with stated goals of the Town Comprehensive Land Use Plan;
3. The project would appear to cause or further development
in the area that is positive;
4. Public and private utilities and facilities are
available in the area to service the project;
2
5. The Queensbury Union Free School District would appear
to be benefitted by the project; and
6. Aviation Road will soon be widened as part of an effort
by New York State to widen the bridge over the Adirondack Northway,
and will be available to serve the area;
NOW, THEREFORE, BE IT
RESOLVED, that the Town of Queensbury Zoning Ordinance is
hereby amended to rezone the property owned by Michael J. Vasiliou,
Inc., identified as Town of Queensbury Tax Map No.'s: 73-1-22.4,
73-1-22.5, 73-1-22.6, a portion of 73-1-22.7, and a portion of 73-
1-21) to SR-20 (Suburban Residential - 20,000 Square Feet) and the
property identified as Town of Queensbury Tax Map No.'s: 73-1-22.1,
73-1-22.3, and a portion of 73-1-22.7 to MR-5 (Multi-Family
Residential - 5,000 Square Feet), and
BE IT FURTHER,
RESOLVED, that the Town Board of the Town of Queensbury hereby
determines that the appropriate manner in which to implement the
rezoning, in consideration of the Project, is to amend, supplement,
change, and/or modify the existing RR-3A (Rural Residential - 3
Acres) zoning of the project site to SR-20 (Suburban Residential -
3
20,000 Square Feet) and MR-5 (Multi-Family Residential - 5,000
Square Feet) as more particularly described above, subject to the
conditions that the new zoning designations shall not take effect,
and that no building permit shall be issued and no construction
shall occur as may be allowed under or in an SR-20 (Suburban
Residential - 20,000 Square Feet) zone or MR-5 (Multi-Family
Residential - 5,000 Square Feet) zone of the Town of Queensbury,
until and unless the developers, owner(s) or other persons or
companies with a legal or equitable interest in the project site,
and in any or all of the parcels subject to the rezoning obtain a
Planned Unit Development designation for the entire project site
(all parcels of land covered by the rezoning) in accordance with
the process set forth in the Zoning Ordinance for the Town of
Queensbury and develop the project in accordance with a PUD
Agreement to be entered into by the project owners/developers and
the Town of Queensbury, and
BE IT FURTHER,
RESOLVED, that the Executive Director is hereby directed to
mail or send a copy of this Resolution Amending the Zoning
Ordinance with a letter advising that the Town of Queensbury Zoning
Ordinance has been amended as set forth herein to the applicant,
Warren County Planning Board, the Town of Queensbury Zoning Board
of Appeals, the Town of Queensbury Planning Board, the Director of
Building & Codes, the Town Surveyor, any agency which was an
4
involved agency for SEQRA purposes and any other agency required by
law, and
BE IT FURTHER,
RESOLVED, that pursuant to the requirements of Article II of
the Town of Queensbury Zoning Ordinance and §265 of the Town Law,
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
BE IT FURTHER,
RESOLVED, that this amendment take effect upon filing of the
same in the Office of Town Clerk.
Duly adopted this 19th day of August, 1996, by the following
vote:
AYES : Mr. Turner, Mrs. Pulver, Mrs. Monahan, Mr. Champagne
NOES : Mrs. Goedert
ABSENT: None
5