256.93
RESOLUTION AMENDING ZONING ORDINANCE TO CHANGE
THE DESIGNATION OF PROPERTY OWNED BY
GARTH ALLEN D/B/A BAY MEADOWS CORP.
FROM SFR-1A TO SR-1A
RESOLUTION NO. 256, 93
INTRODUCED BY: Mr. Nick Caimano
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Michel Brandt
WHEREAS, Garth Allen d/b/a Bay Meadows Corporation, petitioned
the Town Board of the Town of Queensbury for a zoning change of his
property (Town of Queensbury Tax Map No.'s: 60-2-5 and 60-2-10)
from the current zoning of SFR-1A (Single Family Residential - 1
Acre) to SR-1A (Suburban Residential - 1 Acre), and
WHEREAS, on October 22, 1991, the Town of Queensbury Planning
Board recommended approval of the petition, and
WHEREAS, the Warren County Planning Board also recommended
approval of said petition on the 9th day of October, 1991, and
WHEREAS, a public hearing was held on this matter on April 26,
1993, and
WHEREAS, the Town Board of the Town of Queensbury has made a
determination that the rezoning will have no significant
environmental impact, and
WHEREAS, the Town Board of the Town of Queensbury has
considered the conditions and circumstances of the areas to be
rezoned,
NOW, THEREFORE, BE IT
RESOLVED, that the Town of Queensbury Zoning Ordinance is
hereby amended to re-zone the property owned by Garth Allen d/b/a
Bay Meadows Corporation (Town of Queensbury Tax Map No.'s: 60-2-5
and 60-2-10) to SR-1A (Suburban Residential - 1 Acre), thereby
authorizing all uses permitted under Section 179-19 of the Code of
the Town of Queensbury in such area subject to and conditioned upon
the property owner executing a Declaration of Covenants and
Restrictions in recordable form and filing a Declaration setting
forth that;
1. The Golf Course area shall not be further developed by
additional commercial or residential buildings except for those
that relate directly to the Golf Course facilities and that the
Golf Course shall be permanently retained as open space.
2. The property shall be developed such that the buildings
there on as built such be serviceable by municipal sewers with the
developer to be responsible for sewer infrastructure costs and
installation in accordance with State and Local Laws and
Regulations.
3. The rezoned area shall be included in an extension to the
Central Queensbury Quaker Road Sewer District with such extension
to be consolidated prior to the issuance of any building permits.
4. No building permits will be issued at any time the
developer is not in compliance with the foregoing conditions.
5. No revision to the Declaration of Covenants and
Restrictions shall be made without the consent of the Town Board of
the Town of Queensbury, and
Subject to and conditioned further upon the developer paying a
capital buy in charge for access to the sewer system for the entire
propose project at the time the sewer extension is created, and
BE IT FURTHER,
RESOLVED, that the Zoning Map for the Town of Queensbury is
hereby amended to provide for the rezoning of said lands, and
BE IT FURTHER,
RESOLVED, that pursuant to the requirements of Article II of
the Town of Queensbury Zoning Ordinance and Section 265 of the Town
Law, the Town Clerk shall, within five (5) days, direct that a
certified copy of said changes be published in the Glens Falls
Post-Star and obtain an Affidavit of Publication, and
BE IT FURTHER,
RESOLVED, that this amendment take effect ten (10) days after
said publication.
Duly adopted this 26th day of April, 1993, by the following
vote:
AYES: Mrs. Goetz, Mr. Caimano, Mr. Tucker, Mrs. Monahan, Mr.
Brandt
NOES: None
ABSENT:None