739.93
RESOLUTION SETTING FURTHER PUBLIC HEARING ON THE
HUDSON POINTE PLANNED UNIT DEVELOPMENT
RESOLUTION NO.: 739, 93
INTRODUCED BY: Mr. Nick Caimano
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Pliney Tucker
WHEREAS, on or about June 15, 1992, the Michaels Group, acting
as the Project Sponsor on behalf of the Niagara Mohawk Power
Corporation (hereinafter the parties are referred to jointly or
commonly as "developer"), submitted a letter of intent together
with an Environmental Assessment Form with exhibits, and requested
that certain parcels of land, bearing tax map numbers: 148-1-2.1,
and 151-1-7.1, consisting of a total of approximately 307 acres,
and existing, generally, southerly of Corinth Road and west of
Sherman Island Road in the Town of Queensbury, be designated a
Planned Unit Development, to be known as the Hudson Pointe 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 Town Board
of the Town of Queensbury legislate and rezone the aforesaid area
to allow the establishment of a Planned Unit Development consisting
of a maximum of 163 dwelling units consisting of 123 single family
dwellings and 40 townhouses, and
WHEREAS, on or about the 31st day of August, 1992, the Town
Board of the Town of Queensbury adopted a resolution indicating its
desire to be lead agent for SEQRA purposes and authorizing
notification of all other involved agencies that the aforesaid
letter of intent and application for the Planned Unit Development
had been made, and that a coordinated SEQRA review was desired to
be undertaken, and
WHEREAS, on or about the 24th day of September, 1992, the
Planning Board for the Town of Queensbury reviewed a Sketch Plan
and related documents concerning the Planned Unit Development as
presented to the Board at said meeting, and adopted a resolution
indicating it was rendering a favorable report to the Town Board
with certain stipulations and comments including a recommendation
that the Town Board proceed to a public hearing, and
WHEREAS, on or about November 18, 1992, the Warren County
Planning Board reviewed the Planned Unit Development and consented
to the Town Board of the Town of Queensbury being the lead agent
for SEQRA review purposes, and also approved the Planned Unit
Development as presented at said meeting, and
WHEREAS, on or about December 21, 1992, the Town Board of the
Town of Queensbury acknowledged that as a result of previous
notification of agencies ascertained to be involved in the project,
there was no objection to the Town Board of the Town of Queensbury
being lead agent for purposes of SEQRA review and assumed lead
agency status and set a date for a public hearing on the Planned
Unit Development, and
WHEREAS, on or about January 18, 1993, the developer, by
letter, amended the Planned Unit Development Application by
withdrawing therefrom a parcel previously included in the Planned
Unit Development Application documents and known as Parcel A,
consisting of approximately 94 acres, and
WHEREAS, in accordance with §179-57 D. of the Code of the Town
of Queensbury, the Town Board of the Town of Queensbury held a
public hearing on the proposed Planned Unit Development on January
25, 1993, and
WHEREAS, following the aforesaid public hearing and on
February 2, 1993, the Town Board of the Town of Queensbury convened
and discussed the areas of environmental concern raised by virtue
of written communications, documents submitted by the developer,
involved or interested agencies and others, the public hearing,
Town staff comments, and the Town Board members themselves, and
WHEREAS, the Town Board of the Town of Queensbury, after due
deliberation by resolution no. 149, 1993, determined that a
Positive Declaration should be issued under the New York State
Environmental Quality Review Act with respect to the proposed
Hudson Pointe Planned Unit Development, and
WHEREAS, on or about March 22, 1993, the Town Board of the
Town of Queensbury approved the content and attachments to a
Positive Declaration and authorized the filing and publication of
the same as required by the SEQRA rules and regulations, and
WHEREAS, on or about the 1st day of June, 1993, the Town Board
of the Town of Queensbury, as lead agent for the Hudson Pointe
Planned Unit Development SEQRA review, and after considering all of
the information received and after considering all comments
received from involved agencies, the applicant, the planning staff,
Morse Engineering, P.C., and other interested parties, including
members of the public, adopted and approved a scoping document and
requested that the applicant use the same as a basis for the Draft
Environmental Impact Statement (DEIS), and
WHEREAS, the Michaels Group, as applicant on behalf of the
Hudson Pointe Planned Unit Development, previously presented to the
Town Board, a Draft Environmental Impact Statement (DEIS) and the
Town Board determined that the Draft Environmental Impact Statement
(DEIS) was satisfactory with respect to its scope, content, and
adequacy for purposes of commencing public review, established a
public comment period and held a public hearing on the same on
September 13, 1993, and
WHEREAS, the developer has responded to comments received by
developing a refined plan and plan narrative, and presented this in
a Final Environmental Impact Statement. This plan is referred to
as the "Low Density PUD Alternative." It reduces the dwelling unit
count to 96 single family units and provides additional open space
along the Hudson River, bluffs and point area. A small
neighborhood commercial area is located on Corinth Road and an area
for a community center/day care center is located within the site.
The primary vehicular site access is a boulevard that connects to
Corinth Road. Sherman Island Road is terminated at the project
border with a turn-around that provides for emergency vehicle
access only. McDonald Drive and Kimberly Lane remain connected to
Sherman Island Road and will connect to the Boulevard Road, and
WHEREAS, in consideration of the degree of interest and the
action shown by the public, the environmental issues that have been
raised and will be affected by the amendments proposed by the
developer, and legislative, procedural requirements, the Town Board
of the Town of Queensbury is desirous of holding a further public
hearing before taking any further action with regard to the
proposed Planned Unit Development,
NOW, THEREFORE, BE IT
RESOLVED, that the Town Board of the Town of Queensbury hereby
determines that it would be appropriate to hold a further public
hearing and hereby establishes and sets the date for the public
hearing to be held on December 20th, 1993 at 7:00 p.m., in the
Queensbury Activities Center, 531 Bay Road, Queensbury, Warren
County, New York, and
BE IT FURTHER,
RESOLVED, that the further public hearing is be held for
purposes of entertaining comments with regard to the Planned Unit
Development Project and matters relating to any potential
environmental impacts of the amended project, and
BE IT FURTHER,
RESOLVED, that it is the intent of the Town Board to satisfy
any requirements that may exist for a further public hearing as the
result of the application of any Town Law and/or Zoning Ordinance
requirement, and
BE IT FURTHER,
RESOLVED, that the public hearing authorized herein shall be
preceded by notice which must be published at least 10 days in
advance of the public hearing, in a newspaper of general
circulation in the area of the Town of Queensbury, and
BE IT FURTHER,
RESOLVED, that the Notice of Public Hearing presented at this
meeting is hereby approved and the Town Clerk is hereby authorized
to publish the same in the official newspaper for the Town of
Queensbury and post the same on the Town Clerk's bulletin board,
and
BE IT FURTHER,
RESOLVED, that the Town Attorney's Office of the Town of
Queensbury is also hereby authorized and directed to give written
notice of the public hearing on the proposed Planned Unit
Development in accordance with the written notice presented at this
meeting, to be delivered at least 10 days prior to the following:
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 §264 or §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.
Duly adopted this 6th day of December, 1993, by the following
vote:
AYES: Mr. Caimano, Mr. Tucker
NOES: Mrs. Monahan, Mrs. Goetz
ABSENT:Mr. Brandt