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194.2001 RESOLUTION AMENDING ZONING ORDINANCE TO CHANGE CLASSIFICATION OF PROPERTY OWNED BY STEWART’S ICE CREAM COMPANY, INC. LOCATED AT BIG BAY AND CORINTH ROADS, QUEENSBURY FROM LI-1A (LIGHT INDUSTRY – ONE ACRE) TO CR-15 (COMMERCIAL RESIDENTIAL – 15,000 SQUARE FEET) RESOLUTION NO. : 194, 2001 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. Daniel Stec WHEREAS, the Queensbury Town Board is considering a request by Stewart’s Ice Cream Company, Inc. to amend the Town Zoning Ordinance and Map to rezone properties bearing Tax Map No.’s: 136-1-9.1; 136-1-9.2; 136-1-10; 136-1-11 and 136-1-12 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 th WHEREAS, on or about February 26, 2001, the Town Board adopted a Resolution authorizing submission of the rezoning application to the Town’s Planning Board for report and recommendation, and th WHEREAS, on or about March 27, 2001, the Queensbury Planning Board considered the proposed rezoning, conducted SEQRA Review as SEQRA Lead Agency for this project and made a positive recommendation to the Town Board to approve the rezoning application, and th WHEREAS, on or about March 14, 2001, the Warren County Planning Board considered the proposed rezoning and recommended approval of the application, and WHEREAS, the Town Board duly conducted a public hearing concerning the proposed th rezoning on May 7, 2001, and WHEREAS, as SEQRA Lead Agency, the Planning Board previously reviewed a Long Environmental Assessment Form to analyze potential environmental impacts of the proposed rezoning and determined that the project will have no significant environmental effect and a negative declaration was made, and WHEREAS, the Town Board has considered the conditions and circumstances of the area affected by the rezoning, NOW, THEREFORE, BE IT RESOLVED, that the Town Board hereby amends the Town of Queensbury Zoning Ordinance and Map to rezone properties owned by Stewart’s Ice Cream Company, Inc. bearing Tax Map No.’s: 136-1-9.1; 136-1-9.2; 136-1-10; 136-1-11 and 136-1-12 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 BE IT FURTHER, 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 to 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), 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 2 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, Town of Queensbury Planning Board and any agency involved for SEQRA purposes, 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 7 day of May, 2001, by the following vote: AYES : Mr. Stec, Mr. Brewer, Mr. Brower, Mr. Turner NOES : None ABSENT: None ABSTAIN: Mr. Martin 3