605.94
RESOLUTION RESCINDING RESOLUTION NO. 553 AND
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. 605, 1994
INTRODUCED BY: Mr. Nick Caimano
WHO MOVED ITS ADOPTION
SECONDED BY: Mrs. Carol Pulver
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 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
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 and thereafter by resolution no. 553, 94, approved and
authorized the rezoning of the subject property from Light
Industrial - 1 Acre to Highway Commercial - 1 Acre, subject to the
exclusion of the aforementioned uses, and
WHEREAS, the owners of the rezoned property have contacted the
Town Board and have indicated a concern that it was not appropriate
to limit certain uses of the property as part of the rezoning, as
more specifically identified hereinabove, and
WHEREAS, the Town Board of the Town of Queensbury has duly
reconsidered the matter, including the fact that all adjoining
property can be used for any of the uses listed in the Highway
Commercial Zone, including the uses that were excluded from the
rezoning described hereinabove, and
WHEREAS, the Town Board of the Town of Queensbury, upon
reconsideration, has determined that it is not necessary to exclude
the uses from the parcels to be rezoned, and that a resolution
amending the previous resolution would not be in contact with the
Notice of Public Hearing that was originally advertised in
connection with this rezoning,
NOW, THEREFORE, BE IT
RESOLVED, that resolution no. 553, 94, is hereby rescinded and
declared to be of no effect and that this resolution shall be
determinative of the rezoning of the property described
hereinabove, and
BE IT FURTHER,
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, 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, instead of in the
manner previously authorized, 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 11 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 5th day of December, 1994, by the following
vote:
AYES: Mrs. Pulver, Dr. Wiswall, Mr. Caimano, Mr. Champagne
NOES: Mrs. Monahan
ABSENT:None