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120.2004 RESOLUTION AUTHORIZING AMENDMENT TO HUDSON POINTE PLANNED UNIT DEVELOPMENT REGARDING DEDICATION OF 30 FOOT STRIP OF LAND BY THE MICHAELS GROUP, LLC RESOLUTION NO. 120, 2004 INTRODUCED BY: Mr. John Strough WHO MOVED ITS ADOPTION SECONDED BY: Mr. Tim Brewer WHEREAS, by Resolution No.: 118,94, the Queensbury Town Board approved the Hudson Pointe Planned Unit Development, (PUD), and WHEREAS, by Planning Board Resolution No.: SB5-03, the Town Planning Board approved the final stage of Subdivision No. 5-2003, such Subdivision being the Quincy Subdivision to be developed by The Michaels Group, LLC, and one of the Planning Board’s condition of such approval was that: “prior to the acceptance of the proposed Quincy Lane by the Highway Department, that proof that the Hudson Pointe PUD has been modified to include the 30 foot wide strip that is part of this subdivision and that the modification has been accepted by the Town Board,” and WHEREAS, The Michaels Group, LLC wishes to dedicate Quincy Lane to the Town of Queensbury and therefore, in accordance with the Town Planning Board’s Resolution, needs Town Board approval to modify the Hudson Pointe PUD before the Town Highway Department may accept Quincy Lane, and WHEREAS, before the Town Board may amend, supplement, change, or modify a PUD, it must hold a public hearing in accordance with the provisions of Town Law §265, the Municipal Home Rule Law and the Town of Queensbury Zoning Laws, and rd WHEREAS, the Town Board duly conducted such public hearing on February 23, 2004, heard all interested parties and considered the conditions and circumstances of the area affected by the proposed modification, and WHEREAS, by letter dated January 27, 2004, the Hudson Pointe Homeowners Association formally requested that the PUD be amended to include the 30’ wide strip of land, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes modification of the Hudson Pointe Planned Unit Development to include the 30 foot wide strip that is currently part of the easterly bounds of the Quincy Subdivision and located along the rear property boundary of Lot Numbers 9 and 10, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Queensbury Town Clerk to forward a copy of this Resolution to the Town’s Zoning Administrator to update the official Town Zoning Map to reflect this modification, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Town Clerk to send a copy of this Resolution to the Clerk of the Warren County Board of Supervisors, Warren County Planning Board and any other agency it is necessary to give written notice to in accordance with NYS § Town Law 265, the Town’s Zoning Regulations and the Laws of the State of New York, and BE IT FURTHER, RESOLVED, in accordance with the requirements of the Town of Queensbury Zoning 2 Ordinance and Town Law §265, the Town Board hereby authorizes and directs the Town Clerk to publish a certified copy of this change in the Glens Falls Post-Star within five (5) days and obtain an Affidavit of Publication, and BE IT FURTHER, RESOLVED, that this amendment shall take effect upon filing in the Town Clerk’s Office. rd Duly adopted this 23 day of February, 2004, by the following vote: AYES: Mr. Turner, Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Boor NOES: None ABSENT:None 3