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215.2002 NOTICE OF ADOPTION At a Regular Meeting of the Town Board of the Town of Queensbury held on May 6th, 2002 at the Queensbury Center, Town of Queensbury, 742 Bay Road, Queensbury, New York, the following resolution was passed: RESOLUTION AUTHORIZING AMENDMENT OF ZONING ORDINANCE TO CHANGE CLASSIFICATION OF PROPERTY OWNED BY HOME DEPOT U.S.A., INC. LOCATED ON MONTRAY ROAD FROM SFR-1A (SINGLE FAMILY RESIDENTIAL – ONE ACRE) TO HC-INT (HIGHWAY COMMERCIAL INTENSIVE) RESOLUTION NO. 215, 2002 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. Daniel Stec WHEREAS, the Queensbury Town Board is considering a request by Home Depot U.S.A., Inc., to amend the Town Zoning Ordinance and Map to rezone property bearing Tax Map No.: 72-7-3 located on Montray Road in the Town of Queensbury from SFR-1A (Single Family Residential – One Acre) to HC-Int (Highway Commercial Intensive), and th WHEREAS, on or about January 14, 2002, the Town Board adopted a Resolution authorizing submission of the rezoning application to the Town’s Planning Board for report and recommendation and consenting to the Planning Board acting as Lead Agency for SEQRA review of the project, and th WHEREAS, on or about February 26, 2002, the Queensbury Planning Board considered the proposed rezoning and made a positive recommendation to the Town Board to approve the rezoning application, and th WHEREAS, on or about February 13, 2002, the Warren County Planning Board considered the proposed rezoning and made a recommendation of “No County Impact,” and th WHEREAS, on or about April 11, 2002, the Queensbury Planning Board, as SEQRA Lead Agency, considered the proposed rezoning and site plan, reviewed the Environmental Assessment Form and associated documentation, thoroughly analyzed the action for potential environmental concerns, determined that the project would not have a significant effect on the environment and adopted a Resolution adopting a SEQRA Determination of Non-Significance concerning the project, and WHEREAS, the Town Board duly conducted a public hearing concerning the proposed th rezoning on May 6, 2002, and considered the conditions and circumstances of the area affected by the rezoning, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby amends the Town of Queensbury Zoning Ordinance and Map to rezone property owned by Gertrude Stone, bearing Tax Map No.: 72-7- 3 located on Montray Road in the Town of Queensbury from SFR-1A (Single Family Residential – One Acre) to HC-Int (Highway Commercial Intensive), and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Queensbury Town Clerk to arrange with a surveyor to update the official Town Zoning Map to reflect this change of zone, 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 Warren County Planning Board, Town of Queensbury Zoning Board of Appeals and the Town of Queensbury Planning Board, and BE IT FURTHER 2 RESOLVED, that this rezoning is expressly contingent upon there being no access to such property from Montray Road, and BE IT FURTHER RESOLVED, that this rezoning is subject to the following condition: The applicant aggress that within 18 months after all necessary approvals have been obtained and the time to appeal those decisions has elapsed, construction on the proposed project will begin, or zoning will revert to single family residential one acre, and be it further provided that this period will extend in the event a third party begins litigation, and BE IT FURTHER, RESOLVED, in accordance with the requirements of the Town of Queensbury Zoning Ordinance Article XIII and Town Law §265, the Town Board hereby authorizes and directs the Town Clerk to publish a certified copy of the zoning changes 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. th Duly adopted this 6 day of May, 2002, by the following vote: AYES : Mr. Boor, Mr. Turner, Mr. Stec, Mr. Brewer, Mr. Brower NOES : None ABSENT: None I, Karen A. O’Brien, Deputy Town Clerk II of the Town of Queensbury, Warren County, New York, do hereby certify that I have compared the foregoing with the original resolution as listed above adopted 3 th at a Regular Meeting of the Town Board of the Town of Queensbury held on the 6 day of May 2002 at which a quorum was present and that the same is a correct transcript therefrom and of the whole original thereof to date. IN WITNESS THEREOF, I have hereto set my hand and the SEAL of said Town of Queensbury, th this 7 day of May, 2002. SEAL SIGNED:______________________________________ Karen A. O’Brien Deputy Town Clerk II Town of Queensbury 4