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553.94 RESOLUTION AMENDING ZONING ORDINANCE TO CHANGE THE DESIGNATION OF PROPERTY OWNED BY ROBERT NEMER/PETER NEMER (TAX MAP NO. 109-3-27.2) FROM LI-1A (LIGHT INDUSTRIAL - 1 ACRE) TO HC-1A (HIGHWAY COMMERCIAL - 1 ACRE) RESOLUTION NO. 553, l994 INTRODUCED BY: MR. NICK CAIMANO WHO MOVED ITS ADOPTION SECONDED BY: MR. FRED CHAMPAGNE WHEREAS, Robert Nemer/Peter Nemer petitioned the Town Board of the Town of Queensbury for a zoning change of their property (Town of Queensbury Tax Map No. 109-3-27.2) from LI-1A (Light Industrial - 1 Acre) to HC-1A (Highway Commercial - 1 Acre), and WHEREAS, on August 23, 1994, the Town of Queensbury Planning Board recommended approval of the petition, and WHEREAS, the Warren County Planning Board also recommended approval of said petition, and WHEREAS, a public hearing was held on this matter on November 7, 1994, 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 area to be rezoned and has determined that the following uses should not be included as allowed uses as a part of this rezoning: public parking garage, drive-in theater, commercial boat storage\repair and sales, golf driving range, amusement center, recreation facility operated for profit. NOW, THEREFORE, BE IT RESOLVED, that the Town of Queensbury Zoning Ordinance is hereby amended to re-zone the property owned by Robert Nemer/Peter Nemer (Town of Queensbury Tax Map No. 109-3-27.2) to HC-1A (Highway Commercial - 1 Acre), thereby authorizing all uses permitted under Section 179.23 of the Town of Queensbury Zoning Ordinance except the following uses: public parking garage, drive-in theater, commercial boat storage\repair and sales, golf driving range, amusement center, recreation facility operated for profit in such area, and BE IT FURTHER RESOLVED, that this zoning is conditioned upon the filing of a Covenant of Declaration and Restrictions which indicates which uses the property can be used for consistent with what is allowed by this resolution and this Resolution of Rezoning will not take effect until such time as the Covenant is approved by the Town Attorney and signed by the Town Supervisor and filed or recorded as may be appropriate with the Warren County Clerk's Office, 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 the Town Clerk is authorized to arrange with the Town Surveyor to update the official Town Zoning Map to reflect this change of zone and send a copy of this Resolution to the Executive Director of Community Development for the Town of Queensbury, and BE IT FURTHER RESOLVED, that the Executive Director is hereby directed to mail or send a copy of this Resolution Amending the Zoning Ordinance with a letter advising that the Town of Queensbury Zoning Ordinance has been amended as set forth herein to the applicant, if any, Warren County Planning Board, The Town of Queensbury Zoning Board of Appeals, the Town of Queensbury Planning Board, the Director of Building & Codes, and any agency which was an involved agency for SEQRA purposes, and BE IT FURTHER RESOLVED, that pursuant to the requirements of Article ll 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 (l0) days after said publication. Duly adopted this 7th day of November, l994, by the following vote: AYES: Dr. Wiswall, Mr. Caimano, Mrs. Pulver, Mrs. Monahan, Mr. Champagne NOES: None ABSENT:None 2 3