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694.92 RESOLUTION TO SET PUBLIC HEARING ON PROPOSED AMENDMENT TO ZONING ORDINANCE - REGARDING PETITION FOR CHANGE OF ZONE RESOLUTION NO. 694, 92 INTRODUCED BY: Mr. Nick Caimano WHO MOVED ITS ADOPTION SECONDED BY: Mr. Michel Brandt WHEREAS, the Town Board of the Town of Queensbury is presently considering an amendment, supplement, change, and/or modification to the Town of Queensbury Zoning Ordinance and map, and more specifically considering a request for change of zone by Mr. Charles R. Wood, whereby a parcel of land, known as Tax Map No. 98-2-1, 98-3-1 and 98-3-5, and located generally adjacent to the intersections of Aviation Road and Greenway North and Old Aviation Road in the Town of Queensbury would be changed from SFR-10 (Single Family Residential - 10,000 square feet) to HC-1A (Highway Commercial - 1 Acre), thus modifying the existing Zoning Ordinance and map, and WHEREAS, on or about August 31, 1992, the Town Board of the Town of Queensbury adopted a resolution authorizing the submission of the aforesaid request to be submitted to the Town of Queensbury Planning Board for a report and recommendation, and indicated its desire to be lead agent for SEQRA purposes and authorized notification of all other involved agencies, and WHEREAS, on or about the 27th day of October, 1992, the Planning Board for the Town of Queensbury adopted a resolution stating as follows: Motion to recommend to the Town Board approval of the Petition for a Change of Zone of Mr. Charles R. Wood, for commercial to allow a restaurant, and WHEREAS, the Warren County Planning Board has reviewed the project and has consented to the Town Board of the Town of Queensbury being the lead agent for SEQRA review purposes, and has disapproved the project for reasons more specifically set forth in the Board's decision and minutes, and WHEREAS, in order to so amend, supplement, change, or modify the Ordinance and map, it is necessary pursuant to Town Law §265 and the Town of Queensbury Zoning Laws to hold a public hearing prior to adopting said proposed amendment, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby acknowledges that the applicant for the proposed rezoning has submitted a Part I Long Environmental Assessment Form and a number of exhibits, and that as a result of previous notification of agencies ascertained to be involved in the project, there is no objection to the Town Board of the Town of Queensbury being lead agent for purposes of SEQRA review, and BE IT FURTHER, RESOLVED, as lead agent for the SEQRA review process, the Town Board of the Town of Queensbury hereby determines that it would be appropriate to wait until after the public hearing in this matter, prior to making any determination as to whether the project is appropriately granted a positive or negative declaration, as the Town Board feels that further information may come forth at the time of the public hearing, which would assist the Town Board in making a determination with regard to SEQRA, and the Town Board also notes that no action can be undertaken or commenced with regard to the project, until such time as the Town Board shall legislate a change of zone and that this cannot happen until after a public hearing, and therefore, setting and holding the public hearing prior to making the aforedescribed SEQRA determination would not seem to commit the Town to granting a permit or allowing the project, and BE IT FURTHER, RESOLVED, that the Town Board of the Town of Queensbury shall hold a public hearing, at which time all parties in interest and citizens shall have an opportunity to be heard, upon and in reference to a proposed amendment, supplement, change, and/or modification to the Town of Queensbury Zoning Ordinance and map, and BE IT FURTHER, RESOLVED, that said public hearing shall be held on January 18th, 1993, at 7:30 p.m., at the Queensbury Activities Center, 531 Bay Road, Queensbury, Warren County, New York, and BE IT FURTHER, RESOLVED, that the Town Clerk of the Town of Queensbury is hereby authorized and directed to give 10 days notice of said public hearing by publishing the notice presented at this meeting for purposes of publication in an official newspaper of the Town and by posting on the Town bulletin board outside the Clerk's Office said notice, and BE IT FURTHER, RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes and directs the Executive Director of Planning, Zoning, and Building & Codes to ascertain a list of the names and addresses of all property owners within 500' of the area to be rezoned, and further authorizes and directs the said Executive Director to arrange for notification of the proposed rezoning to all said property owners that a public hearing will be held mailing to said owners a copy of the Notice of Public Hearing presented at this meeting, and BE IT FURTHER, RESOLVED, that the Town Attorney's Office of the Town of Queensbury is also hereby authorized and directed to send notice of the public hearing to Warren County, by service upon the Clerk of the Board of Supervisors, and such other communities or agencies that it is necessary to give written notice to pursuant to Section 265 of the Town Law of the State of New York, the Zoning Regulations of the Town of Queensbury and the Laws of the State of New York, and BE IT FURTHER, RESOLVED, that the Executive Director is hereby authorized and directed to give notice of said public hearing and the fact that a SEQRA determination will not be made until after the hearing, to any agencies that may be involved for SEQRA purposes, and BE IT FURTHER, RESOLVED, that the Town Attorney's Office of the Town of Queensbury is also hereby authorized and directed to give notice and refer this matter to the Adirondack Park Agency in accordance with the laws, rules and regulations of the State of New York and the Adirondack Park Agency. Duly adopted this 28th day of December, 1993, by the following vote: AYES: Mr. Caimano, Mr. Tucker, Mrs. Monahan, Mr. Brandt NOES: None ABSENT: Mrs. Goetz