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395.2000 NOTICE OF ADOPTION At a Regular Meeting of the Town Board of the Town of Queensbury held on October 2nd, 2000 at 7:00 P.M. at the Town of Queensbury, 742 Bay Road, Queensbury, New York, the following resolution was adopted: RESOLUTION ADOPTING SEQRA NEGATIVE DECLARATION AND AMENDING ZONING ORDINANCE TO APPROVE THE MEADOWS PLANNED UNIT DEVELOPMENT RESOLUTION NO.: 395, 2000 INTRODUCED BY : Mr. James Martin WHO MOVED ITS ADOPTION SECONDED BY : Mr. Theodore Turner WHEREAS, on or about January 20, 2000, Queensbury Partners L.P., submitted a letter of intent together with an Environmental Assessment Form with exhibits and requested that certain parcels of land bearing Tax Map Number: 60.-2-5 & 10 [since submission it has been noted by Town staff that no parcel with Tax Map Number 60.-2-10 exists], located in the vicinity of Cronin Road, be designated a Planned Unit Development, to be known as The Meadows PUD (hereinafter referred to as the "Planned Unit Development"), in accordance with, and by virtue of, the provisions of Article 8 of the Zoning Laws of the Town of Queensbury, the same being a part of Chapter 179 of the Code of the Town of Queensbury, and WHEREAS, the proposal presented requested that the Queensbury Town Board legislate and rezone the area to allow the establishment of a Planned Unit Development which would generally consist of a total parcel area of 97.34 acres with a development project area of 27.1 acres with a maximum of ninety-six (96) units of "Senior Housing" plus a one unit manager/officer’s residence on 9.0 acres, relocated driving range on 2.1 acres, lands proposed to be dedicated to the Town of 4.0 acres, and remaining undeveloped areas consisting generally of approximately 70.2 acres to be set aside for conservation, recreation, and stream and wetland buffer areas, and th WHEREAS, on or about January 24, 2000, the Town Board adopted a Resolution authorizing submission of the PUD application to the Town’s Planning Board for report and recommendation, indicating its wish to be Lead Agency for SEQRA purposes and authorizing notification of all other involved agencies that the letter of intent and application for the Planned Unit Development had been made, and th WHEREAS, on or about February 15, 2000, the Town of Queensbury Planning Board reviewed the proposed Sketch Plan for the ninety-six (96) Unit “Senior Housing” development, plus a one unit manager/officer’s residence, found that the Plan meets the objectives of PUD’s as outlined in Town Code §179-57C(4) and adopted a Resolution recommending a favorable report of the PUD to the Town Board, and WHEREAS, the Warren County Planning Board was unable to obtain a quorum at its th February 9, 2000 meeting at which this project was to be considered and therefore, in accordance with General Municipal Law, the Board’s failure to take action within 30 days resulted in the Warren County Planning Board’s default approval of the project, and WHEREAS, in accordance with §179-57 D. of the Code of the Town of Queensbury, the rdth Town Board held public hearings on the proposed PUD April 3, 2000, September 11, 2000 and th September 25, 2000, and WHEREAS, the Town Board, as SEQRA Lead Agency, has reviewed a Short Environmental Assessment Form to analyze potential environmental impacts of the proposed PUD redistricting, and WHEREAS, the Town Board has considered the conditions and circumstances of the area affected by the proposed PUD redistricting, 2 NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby determines that the proposed “The Meadows” Planned Unit Development (PUD) will have no significant environmental impact and a SEQRA Negative Declaration is made, and BE IT FURTHER, RESOLVED, that the proposed PUD meets the purposes and objectives and all of the provisions and requirements of Article 8 of the Town of Queensbury Zoning Ordinance, and BE IT FURTHER, RESOLVED, that the Town Board, in accordance with Article 8 of the Town’s Zoning Ordinance and legislative authority, and subject to the specific conditions and requirements set forth below, hereby approves, enacts, adopts, and creates The Meadows Planned Unit Development District located on approximately 97.35 acres of land in the Town of Queensbury, the approximate boundaries of which are set forth on a map and plan prepared by Miller Associates, Landscape Architects; Nace Engineering P.C., Engineers; and VanDusen & Steves, Land Surveyors, LLC entitled, "Overall Site Plan" received September 1, 2000 (dated August 31, 2000) and noted as last revised on July 28, 2000, as presented at this meeting, directed to be filed in the Town Clerk's Office and incorporated herein for all purposes, and BE IT FURTHER, RESOLVED, that The Meadows Planned Unit Development is generally described as a total area of 97.34 acres with a development project area of 27.1 acres with a maximum of ninety- six (96) units of "Senior Housing" plus a one unit manager/officer’s residence on 9.0 acres, relocated driving range on 2.1 acres, lands proposed to be dedicated to the Town of 4.0 acres and 3 remaining undeveloped areas consisting generally of approximately 70.2 acres to be set aside for conservation, recreation, and stream and wetland buffer areas, and BE IT FURTHER, RESOLVED, that this Resolution shall not take effect until final execution of a Planned Unit Development Agreement by Queensbury Partners L.P. and the Town of Queensbury, which Agreement shall incorporate all elements of this Resolution and set forth such other and further details and restrictions of the Planned Unit Development as required by the Town Board, and BE IT FURTHER, RESOLVED, that this Resolution and rezoning of property shall be subject to the filing and recording in the Warren County Clerk's Office of a Declaration of Covenants and Restrictions setting forth all conditions and executed by an authorized official of the Developer and the Town of Queensbury, and BE IT FURTHER, RESOLVED, that the Town Zoning Map is hereby amended to provide for the creation and redistricting of the lands contained and set forth as The Meadows Planned Unit Development, and BE IT FURTHER, RESOLVED, that the Town Board authorizes and directs the Town Clerk to publish a summary of this legislation in the Glens Falls Post-Star within five (5) days, obtain an affidavit of such publication and post the summary on the Town Clerk's Bulletin Board, and BE IT FURTHER, 4 RESOLVED, that this Amendment to the Zoning Ordinance and Laws of the Town of Queensbury shall take place after publication of the summary in the Post-Star and such later date as is required by the terms and provisions of this authorizing Resolution and legislation, and BE IT FURTHER, RESOLVED, that in the event that final Planning Board Planned Unit Development Site Plan/Subdivision approval is not obtained, the lands described shall revert back to the underlying zone as is currently established prior to enactment of this Resolution. nd Duly adopted this 2 day of October, 2000, by the following vote: AYES : Mr. Turner, Mr. Stec, Mr. Brewer, Mr. Martin, Mr. Brower NOES : None ABSENT : None st I, Caroline H. Barber, 1 Deputy Town Clerk of the Town of Queensbury, Warren County, New York do hereby certify that I have compared the foregoing with the Original Resolution No. 395.2000 entitled RESOLUTION ADOPTING SEQRA NEGATIVE DECLARATION AND AMENDING ZONING ORDINANCE TO APPROVE THE MEADOWS PLANNED UNIT nd DEVELOPMENT adopted by the Town Board on October 2. 2000 and that the same is a correct transcript therefrom and of the whole original there. IN WITNESS THEREOF, I have hereto set my hand and the SEAL of said Town of Queensbury, th this 20 day of March, 2001 SEAL SIGNED:_________________________________________________ Caroline H. Barber 1ts Deputy Town Clerk Town of Queensbury 5