407.96
RESOLUTION TO SET PUBLIC HEARING
ON PROPOSED AMENDMENT TO ZONING ORDINANCE REGARDING
PETITION FOR CHANGE OF ZONE FOR HARRIS, TOOMEY,
ZVERBLIS & OUDERKERK FROM RR-3A TO SR-1A
RESOLUTION NO.: 407, 96
INTRODUCED BY : Mr. Theodore Turner
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 an amendment to the Town of
Queensbury Zoning Ordinance by Mr. Ronald and Mrs. Shirley Harris,
Mr. Howard and Mrs. Barbara Toomey, Mr. Frank Zverblis (Betty
Zverblis) and Mr. Albert and Mrs. Eleanor Ouderkerk, whereby
certain property lying and existing within the Town of Queensbury
and bearing Tax Map Identification No.'s: 48-3-53, 48-3-51.1, 48-3-
49.1, 46-1-3, 48-3-51.5 and 48-3-51.4, located at Bay and Sunnyside
Roads and currently zoned RR-3A (Rural Residential - 3 Acres) be
rezoned to SR-1A (Suburban Residential - 1 Acre), and
WHEREAS, on or about August 5, 1996, the Town Board of the
Town of Queensbury adopted a resolution authorizing the submission
of the aforesaid request to the Town of Queensbury Planning Board
for a report and recommendation, and
WHEREAS, on or about the 27th day of August, 1996, 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, and
WHEREAS, in order to so amend, supplement, change, or modify
the Ordinance and Map, it is necessary pursuant to Town Law §265,
the Municipal Home Rule Law, 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 Zoning Amendment
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,
and
BE IT FURTHER,
RESOLVED, that said public hearing on the issues set forth in
the preambles of this resolution and proposed Local Law, shall be
held on November 4th, 1996, at 7:00 p.m., at the Queensbury
Activities Center, 742 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 Community Development Department 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 Community Development Department to arrange for
notification to all said property owners of the proposed Zoning
Amendment and that a public hearing will be held by mailing to said
owners a copy of the Notice of Public Hearing presented at this
meeting, and
BE IT FURTHER,
RESOLVED, that the Community Development Department 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, Warren County Planning Board, and such other
communities or agencies that it is necessary to give written notice
to pursuant to §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 Town Board of the Town of Queensbury hereby
determines that the action about to be undertaken is subject to
SEQRA and that it desires to be lead agency for purposes of the
SEQRA review, and
BE IT FURTHER,
RESOLVED, that the Community Development Department is hereby
authorized and directed to forward the Application for Rezoning and
a copy of the EAF and 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 Community Development Department 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, if notice is necessary.
Duly adopted this 7th day of October, 1996, by the following
vote:
AYES: Mrs. Goedert, Mrs. Pulver, Mrs. Monahan, Mr. Turner, Mr.
Champagne
NOES: None
ABSENT:None