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444.93 RESOLUTION RE-ADOPTING RESOLUTION AMENDING ZONING ORDINANCE TO CHANGE THE DESIGNATION OF PROPERTY OWNED BY CLAUDE C. CHARLEBOIS (APPLICANT - ZAREMBA GROUP, INC.) FROM LI-1A, PC-1A, HC-15, AND HI-3A TO PC-1A RESOLUTION NO. 444, 93 INTRODUCED BY: Mr. Nick Caimano WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr. Michel Brandt WHEREAS, Zaremba Group, Inc. petitioned the Town Board of the Town of Queensbury for a zoning change of the property owned by Mr. Claude C. Charlebois (Town of Queensbury Tax Map No.s: 110-1-2.1, 110-1-21, 110-1-22 and 11-1-30) from the current zoning of LI-1A (Light Industry - 1 Acre), PC-1A (Plaza Commercial - 1 Acre), HC-15 (Highway Commercial - 15,000 Square Feet), and HI-3A (Heavy Industry - 3 Acres) to PC-1A (Plaza Commercial - 1 Acre), and WHEREAS, on the 20th day of April, 1993, the Town of Queensbury Planning Board recommended approval of the petition, and WHEREAS, the Warren County Planning Board initially did not take action on said petition, and later, on July 14th, voted to recommend approval with the conditions that any proposed traffic mitigation efforts should be done at the suggestion and concurrence with the County's Highway Superintendent, Fred Austin and that the zone change relate specifically to the K-Mart project, and WHEREAS, a public hearing was held on this matter on May 24, 1993, and WHEREAS, the Town Board of the Town of Queensbury made a determination that the rezoning will have no significant environmental impact, and WHEREAS, the Town Board of the Town of Queensbury considered the conditions and circumstances of the areas to be rezoned and approved the rezoning on June 7, 1993, at a time when it was believed that the time in which Warren County Planning Board could act had expired, and WHEREAS, the Town Attorney has advised the Town Board that, in view of the Warren County Planning Board's July 14, 1993 action, the Town Board should reconsider and, if it desires, re-adopt the rezoning resolution to avoid possible procedural challenges relative to the timing of the earlier Town Board resolution, although the Town Attorney also advises that he feels the Town Board did proceed correctly at the time of the original adoption of the rezoning resolution, NOW, THEREFORE, BE IT RESOLVED, that the Town Board hereby notes that traffic matters and mitigation, if any, are to be addressed by the Planning Board as part of the separate site plan review that is necessary, and BE IT FURTHER, RESOLVED, that the following resolution be re-adopted: RESOLVED, that the Town of Queensbury Zoning Ordinance is hereby amended to re-zone the property owned by Mr. Claude C. Charlebois (Applicant - Zaremba Group, Inc.), Town of Queensbury Tax Map No.s: 110-1-2.1, 110-1-21, 110-1-22 and 110-1-30 to PC-1A (Plaza Commercial - 1 Acre), thereby authorizing all uses permitted under Section 179-22 of the Code of the Town of Queensbury in such area, 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 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 copies of this resolution and the aforesaid notice shall be circulated to the various agencies and departments as may be required by law or regulation. Duly adopted this 9th day of August, 1993, by the following vote: AYES: Mr. Caimano, Mr. Tucker, Mrs. Goetz, Mr. Brandt NOES: Mrs. Monahan ABSENT:None