440.96
RESOLUTION TO SET PUBLIC HEARING ON PROPOSED AMENDMENT
TO ZONING ORDINANCE - REGARDING PETITION FOR CHANGE OF ZONE
FOR FRANK J. PARILLO ALLOWING FOR EXTENSION OF THE
MOBILE HOME OVERLAY ZONE AND CORRESPONDING LOCAL LAW AMENDMENT
RESOLUTION NO. 440, 96
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 an amendment to the Town of
Queensbury Zoning Ordinance by Frank Parillo whereby his parcel of
land, known as Tax Map No. 125-1-28 and located at the corner of
VanDusen and Pitcher Roads in the Town of Queensbury would be
designated as an additional area in the Town of Queensbury for
mobile home parks and subdivisions pursuant to §179-29 of the Code
of the Town of Queensbury, and otherwise be considered as part of
the mobile home overlay district, and
WHEREAS, on or about September 16, 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 October 15, 1996 the Planning Board for the Town
of Queensbury adopted a resolution to recommend to the Town Board
approval, with conditions, of the Petition for a Change of Zone for
Frank Parillo to be part of the Mobile Home Overlay District, and
WHEREAS, the Warren County Planning Board will consider the
application for change of zone on November 13, 1996, 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,
and
WHEREAS, a proposed Local Law entitled, "A Local Law to Amend
the Code of the Town of Queensbury, Chapter 179 Thereof Entitled,
'Zoning' to Add a New Sub-Part Designating an Additional Area of
the Town of Queensbury to be Part of the Mobile Home Overlay
District" has been presented at this meeting,
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 to
add a new area of the Town of Queensbury for mobile home parks and
subdivisions and to read as set forth in the annexed proposed Local
Law, 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 18th , 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 of the proposed Zoning Amendment to all said property
owners 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
2
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 4th day of November, 1996, by the following
vote:
AYES : Mrs. Monahan, Mr. Turner, Mrs. Goedert, Mrs. Pulver,
Mr. Champagne
NOES : None
ABSENT: None
3