217.2003
RESOLUTION AMENDING RESOLUTION NO.: 194,2001 REGARDING
REZONING OF PROPERTY OWNED BY STEWART’S SHOPS, CORP.
RESOLUTION NO.: 217. 2003
INTRODUCED BY: Mr. Daniel Stec
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Roger Boor
WHEREAS, by Resolution No.: 194,2001 the Queensbury Town Board authorized
amendment of the Town’s Zoning Ordinance and Map to rezone properties owned by Stewart’s
Shops, Corp. bearing Tax Map No.’s: 136-1-9.1; 136-1-9.2; 136-1-20; 136-1-11 and 136-1-12 (now
Tax Map Parcel No.: 309.13-2-25) located at Big Bay and Corinth Roads, Queensbury from LI-1A
(Light Industry-One Acre) to CR-15 (Commercial Residential – 15,000 Square Feet), and
WHEREAS, such Resolution provided that such rezoning was contingent upon Stewart’s
conveying portions of its properties not utilized by Stewart’s to adjacent neighbors, and
WHEREAS, the Executive Director has advised the Town Board that he believes Stewart’s
can satisfy the intent of the Town’s rezoning approvals by Stewart’s imposition of deed restrictions that
will keep the properties “forever wild,” and
WHEREAS, the Town Board wishes to amend Resolution No. 194,2001 to clarify that the
rezoning is approved if the property transfer(s) do not occur so long as the property is encumbered by
deed restrictions rendering it “forever wild,” and
WHEREAS, the Town Board also wishes to clarify that any property transfers that do occur
are at the expense of the adjacent property owner(s) and that Stewart’s is retaining three of the lots for
septic expansion and/or future municipal sewer service,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby amends Resolution No.: 194,2001 to
add additional provisions into the Resolution as follows:
“RESOLVED, that the applicant agrees to connect to municipal sewer service
if extended to this property and applicant further agrees to convey portions of its
property, with the exception of land adjacent to lots identified as 309.13-2-20, 309.13-
2-21 and 309.13-2-22 which is needed by the applicant for future septic expansion
,
and/or municipal sewer serviceto adjacent neighbors as depicted on applicant’s Traffic
Maintenance Plan S-2 dated January 24, 2001 and accompanying Planning Staff Map
with such properties to be conveyed to adjacent neighbors to remain zoned Light
Industry – One Acre (LI-1A), such conveyances to be at the expense of the adjacent
property owners, and
BE IT FURTHER,
RESOLVED, that Stewart’s must either impose deed restrictions that will keep
the properties “forever wild” or offer to convey to the adjacent landowners such
properties as described above, or a combination of both as long as any “forever wild”
properties shall be contiguous to and remain part of the Stewart’s parcel.
and
BE IT FURTHER,
RESOLVED, that the Town Board hereby affirms and ratifies Resolution No.: 194,2001 in all
other respects.
st
Duly adopted this 21 day of April, 2003, by the following vote:
AYES : Mr. Boor, Mr. Turner, Mr. Stec, Mr. Brewer, Mr. Brower
NOES : None
ABSENT: None