665.91
RESOLUTION ADOPTING DETERMINATION OF NON-SIGNIFICANCE
OF PROPOSED REZONING - J. BUCKLEY BRYAN, JR.
RESOLUTION NO.656, l99l
INTRODUCED BY: Mrs. Betty Monahan
WHO MOVED ITS ADOPTION
SECONDED BY: Mrs. Marilyn Potenza
WHEREAS, the Town Board of the Town of Queensbury held a
public hearing, considered and voted on a proposed amendment,
supplement, change and/or modification to the Town of Queensbury
Zoning Ordinance, which provided for the rezoning of an
approximately 25 acre parcel owned by J. Buckley Bryan, Jr.,
bearing tax map number 73-l-22, and the same being more
specifically described in a deed filed in the Warren County Clerk's
Office at Book 673, Page 92, and a map entitled "Map of a Survey
Made for Kennedy-Bates Development Company, Inc.", by VanDusen &
Steves (copies of the same being presented at this meeting), and
WHEREAS, the proposed amendment, supplement, change and/or
modification to the Town of Queensbury Zoning Ordinance and Map was
to change the aforedescribed 25 +\- parcel of land from the current
zoning designation of RR-3A (Rural Residential - One Principal
Building Allowed for Every 3 Acres Within the Zone) to the zoning
designation of MR-5 (Multi-Family Residential - 1 Dwelling Unit for
Every 5,000 Square Feet of Land Area Within the Zone), subject to
certain conditions, and
WHEREAS, one of the principal purposes of the rezoning was to
allow the construction of a 41 unit HUD senior citizens residential
complex on approximately 5 acres of the 25 acres of land to be
rezoned; the remaining property was to be developed as MR-5 but in
a manner consistent with the development of the aforesaid senior
citizens complex, and
WHEREAS, the vote by the Town Board of the Town of Queensbury
to rezone the property as set forth above failed to result in a
rezoning as four (4) votes were needed in accordance with the
provisions of the General Municipal Law of the State of New York
due to the disapproval of the project by the Warren County Planning
Board, and
WHEREAS, in the opinion of the Town Board, it would appear
that one of the major reasons the project was not approved by a
sufficient majority of the Town Board was due to concerns of
traffic congestion and other environmental impacts associated with
a full development of the property as proposed, and
WHEREAS, the Town Board of the Town of Queensbury has been
informed by Mr. Bryan, Jr. that he would be interested in pursuing
a rezoning of only part of the property, aforedescribed, in a size
of approximately 5 +/- acres so that the aforesaid 41 unit HUD
Senior Citizens Residential Complex could be constructed, and
WHEREAS, it is the understanding of the Town Board that the
proposal now presented to the Board for consideration is to rezone
from RR-3A (Rural Residential - 1 Principal Building Allowed for
Every 3 Acres Within the Zone) to MR-5 (Multi-family Residential -
1 Dwelling Unit for Every 5,000 Square Feet of Land Within the
Zone) that portion of property consisting of approximately 5 +\-
acres situated within the boundaries of that property having a tax
map number set forth in the Town of Queensbury Zoning Map Book as
73-1-22 and Warren County deed reference of Book 673, Page 92, the
same property being located off of Fox Farm Road (off of Aviation
Road), in the Town of Queensbury, and
WHEREAS, the proposed rezoning would be subject to conditions
which generally relate to the development of a 41 unit HUD Section
202 Senior Citizens Housing Project and other conditions the Town
Board may determine to be appropriate concerning the preservation
and protection of the neighborhood environment, following the
holding of a public hearing, and
WHEREAS, the revised proposed change of zone would appear to
eliminate the concerns of traffic congestion and other
environmental impacts and be compatible with the relevant portions
of the Comprehensive Land Use Master Plan of the Town of Queensbury
as it promotes affordable senior citizen housing and for the
reasons more specifically set forth herein, and
WHEREAS, the subject premises would seem to accommodate
housing for senior citizens and individuals with unique needs and
it would seem, from experiences of the members of the Town Board of
the Town of Queensbury, that it would be difficult to find another
location which would provide the secluded atmosphere, yet the
proximity to services, and
WHEREAS, it would appear the community interest would be
generally served by providing housing for a segment of the
population which currently has limited housing options, and
WHEREAS, the senior citizens housing complex would be assisted
by a Federal Aid or Grant Program, and it is necessary to take
immediate and quick action to preserve said grant program, and
WHEREAS, as a result of the public hearings and discussions
had relative to the previous zoning proposal, the Town Board of the
Town of Queensbury feels that the citizens would generally support
the above proposed rezoning of a portion of Mr. Bryan's property,
consisting of approximately 5 +/- acres, and
WHEREAS, the Town Board of the Town of Queensbury is duly
qualified to act as lead agency with respect to compliance with
SEQRA which requires environmental review of certain actions
undertaken by local governments, and
WHEREAS, the proposed action is an unlisted action pursuant to
the Rules and Regulations of the State Environmental Quality Review
Act, and
WHEREAS, the Planning Department has reviewed the matter of
rezoning the parcel in question and the Planning Department has
prepared the Environmental Assessment Form for the Town Board's
review, and
WHEREAS, the Planning Board has likewise made comments and the
same have also been considered by the Town Board, are presented at
this meeting, and are to be made a part of the Town Clerk's files
kept in connection with this matter, and
WHEREAS, the Town Board has given due consideration to all
comments made on the previous application for rezoning and this
latest revised proposed rezoning,
NOW, THEREFORE, BE IT
RESOLVED, the Board notes that it desires to make the
following clarifications and corrections to the Environmental
Assessment Form that has been prepared by the Planning Department;
1. Part B i the width is changed to be that of 50 + or - feet.
RESOLVED, that the Town Board of the Town of Queensbury, after
considering the action proposed herein, the comments made by the
Planning Board and other comments made on the previous application
for rezoning after reviewing the Environmental Assessment Form,
reviewing the criteria contained in Section 617.11, and thoroughly
analyzing the project with respect to potential environmental
concerns, determines that the action will not have a significant
effect on the environment, and
BE IT FURTHER,
RESOLVED, that the Town Board of the Town of Queensbury hereby
finds that the proposed responses inserted in Part II of the said
Environmental Assessment Form are satisfactory and approved, and
BE IT FURTHER,
RESOLVED, that the Town Supervisor is hereby authorized and
directed to complete said Environmental Assessment Form and to
check the box thereon indicating that the proposed action will not
result in any significant adverse impacts, and
BE IT FURTHER,
RESOLVED, that the annexed Negative Declaration is hereby
approved and the Town Attorney's Office is hereby authorized and
directed to file the same in accordance with the provisions of the
general regulations of the New York State Department of
Environmental Conservation.
Duly adopted this 10th day of December, 1991, by the following
vote:
AYES: Mrs. Potenza, Mr. Montesi, Mrs. Monahan, Mr. Borgos
NOES: None
ABSENT:Mr. Kurosaka