142.95
NOTICE OF ADOPTION
At a Regular Meeting of the Town Board of the Town of Queensbury
held on February 27th 1994 at 7:00 P.M. at the Town of Queensbury,
742 Bay Road, Queensbury, New York, the following resolution was
passed:
RESOLUTION AMENDING ZONING ORDINANCE TO CHANGE
THE DESIGNATION OF PROPERTY OWNED BY
RICHARD SCHERMERHORN
(TAX MAP NOS. 60-2-7.1 AND 60-2-7.3)
FROM SFR-1A (SINGLE FAMILY RESIDENTIAL - 1 ACRE)
TO SR-1A (SUBURBAN RESIDENTIAL - 1 ACRE)
RESOLUTION NO. 142, 95
INTRODUCED BY: Mrs. Betty Monahan
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Nick Caimano
WHEREAS, Richard Schermerhorn petitioned the Town Board of the
Town of Queensbury for a zoning change of his property (Town of
Queensbury Tax Map Nos. 60-2-7.1 and 60-2-7.3) from SFR-1A (Single
Family Residential - 1 Acre) to SR-1A (Suburban Residential - 1
Acre), for the purpose of constructing five single family homes,
and
WHEREAS, on July 26, 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, public hearings were held on this matter on October
17, 1994 and February 27, 1995, and
WHEREAS, the Town Board of the Town of Queensbury has
determined that the rezoning will allow clustering so that
ecologically sensitive land will be protected from excessive
development and with appropriate conditions and/or restrictions
which are agreeable to the applicant, the rezoning would result in
uses of the property appropriate to the land involved and
compatible with the general neighborhood, and
WHEREAS, the Town Board of the Town of Queensbury has made a
determination that the rezoning as conditioned and/or restricted
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 Richard
Schermerhorn (Town of Queensbury Tax Map Nos. 60-2-7.1 and
60-2-7.3) to SR-1A (Suburban Residential - 1 Acre), thereby
authorizing a six lot subdivision one open space lot and with the
construction of five single family homes, one per lot, as a
permitted use under §179.19 of the Town of Queensbury Zoning
Ordinance in such area, except the following uses will not be
allowed under this rezoning:
1. all other uses allowed under Suburban Residential - 1
Acre, site plan review uses, as set forth in the Town of
Queensbury Zoning Ordinance, as enacted or ordained as
of February 27, 1995, and more specifically set forth in
Chapter 179-19 of the Code of the Town of Queensbury;
2. inground swimming pools;
and further provided that the following use and area regulations
shall also be complied with:
1. No more than six lots may be created by subdivision of
the land that is rezoned by this legislation;
2. No more than five single family homes may be constructed
on the property which is the subject of this rezoning;
3. Houses authorized in accordance with this legislation
shall be built on slabs;
4. The footprint of each single family home authorized by
this legislation shall not exceed the area of 900 square
feet;
5. The footprint of each garage authorized by this
legislation shall not exceed an area of 600 square feet;
6. There shall be no more than one garage for each lot with
no garages allowed on the lot that is not to be
developed as a part of the proposal;
7. Eve trenches, etc., shall be utilized in connection with
all houses and garages and shall meet or exceed the
following requirements:
A. three foot minimum trench depth;
B. trenches shall be wrapped in drainage type filter
fabric;
2
C. only #2 stone shall be used to fill trenches;
8. Four building lots shall front on Meadowbrook Road and
adjoining lots shall be serviced by driveways having a
single continuous curb-cut such that two lots will share
a single continuous curb-cut;
9. No development, construction, or disturbance shall occur
or be allowed in a DEC wetland existing on the subject
property or within 100 feet of the boundary line of said
DEC designated wetland area. The area shall be left in
its natural state, and any Planning Board approvals
shall require this area to be noted and restricted on
maps to be filed in accordance therewith;
10. There shall be a 20 foot wide undisturbed natural buffer
along the northerly boundary of that part of the subject
property which lies and exists adjacent to the lands of
West and Meadowbrook Road. The area being more fully
described as a twenty foot wide area in the northerly
boundary of proposed Lot #5 as shown on the Subdivision
Plat dated June 1, 1993 and last revised April 4, 1994,
and prepared by VanDusen & Steves, Land Surveyors;
11. A minimum of 65% permeability shall be maintained on all
lots;
12. An area of the subject property consisting of the entire
area along Halfway Brook, and including an area
consisting of and surrounding a man-made pond and
consisting of a minimum of 132,079 square feet and a
minimum of 50 foot road frontage along Meadowbrook Road
shall be left as open space and restricted such that
there shall be no further subdivision and development of
the same, except for passive, recreational purposes.
Passive Recreation is defined as those activities which
have a minimum impact to the environment. These
activities are limited to: hiking, horse back riding,
cross-country skiing, bird watching, bicycling, and
fishing. The aforedescribed area is more specifically
described as that shown on a subdivision plat for
Richard Schermerhorn dated June 1, 1993, last revised
April 4, 1994, and prepared by VanDusen & Steves, Land
Surveyors;
13. The land shall be subdivided and developed in accordance
with and in the same configuration as established by a
Subdivision Plat dated June 1, 1993 and last revised
April 4, 1994, and prepared by VanDusen & Steves, Land
Surveyors;
3
and
BE IT FURTHER,
RESOLVED, that this rezoning shall be subject to the condition
that the applicant prepare and submit to the Town Board for
approval and record, a Declaration of Covenants and Restrictions
which sets forth the uses not allowed for the property, the use,
conditions, and area regulations required as part of the rezoning,
and a statement that the covenants and restrictions may not be
revised without the approval of the Town Board of the Town of
Queensbury, 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 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 27th day of February, 1995, by the following
vote:
4
AYES: Mr. Caimano, Mrs. Monahan, Mr. Champagne
NOES: None
ABSENT: Mrs. Pulver
ABSTAIN: Mr. Turner
I, Darleen M. Dougher, Town Clerk of the Town of Queensbury, Warren
County, New York, do hereby certify that I have compared the
foregoing with the original Resolution entitled RESOLUTION AMENDING
ZONING ORDINANCE TO CHANGE THE DESIGNATION OF PROPERTY OWNED BY
RICHARD SCHERMERHORN (TAX MAP NOS. 60-2-7.1 AND 60-2-7.3) FROM SFR-
1A (SINGLE FAMILY RESIDENTIAL - 1 ACRE) TO SR-1A (SUBURBAN
RESIDENTIAL - 1 ACRE) as listed above adopted at a Regular meeting
of the Town Board of the Town of Queensbury held on the 27th day of
February, 1995 at which a quorum was present and that the same is a
correct transcript therefrom and of the whole original thereof to
date.
In WITNESS THEREOF, I have hereto set my hand and the SEAL of said
Town of Queensbury, this 23rd Day of March, 1995.
SEAL
SIGNED:_________________________________________
Caroline H. Barber
Deputy Town Clerk-Queensbury
5