519.95
RESOLUTION TO SET PUBLIC HEARING
ON PROPOSED AMENDMENT TO ZONING ORDINANCE -
REGARDING PETITION FOR CHANGE OF ZONE OF
ALAN OPPENHEIM, ACO PROPERTY ADVISORS, INC./HUDSON POINTE, INC.
RESOLUTION NO. 519, 95
INTRODUCED BY: Mrs. Carol Pulver
WHO MOVED ITS ADOPTION
SECONDED BY: Mrs. Connie Goedert
WHEREAS, the Town Board of the Town of Queensbury is now
presently considering an amendment, supplement, change, and/or
modification to the Town of Queensbury Zoning Ordinance and map,
and more specifically considering a request for change of zone by
Alan Oppenheim, ACO Property Advisors, Inc./Hudson Pointe, Inc.,
whereby a parcel of land owned by Hudson Pointe, Inc., known as Tax
Map No. 148-1-3, located at 777 Corinth Road, in the Town of
Queensbury would be changed from the current zoning of SR-1A
(Suburban Residential - 1 Acre) to NC-10 (Neighborhood Commercial
Zone - 10,000 Square Feet), with the following restrictions and/or
conditions:
Lot Number/Size:
Shall be subject to subdivision
approval by the Planning Board. Minimum lot size in the
designated commercial area shall be one-half acre in
size.
Minimum Frontage on Public Road:
Forty (40) feet. The
commercial lots to be created along Corinth Road may
front on a road over the sixty foot (60') ROW. The road
servicing these lots shall be constructed to the Town
standard by the developer of the new commercial lots.
Minimum Yard Setbacks:
One Acre Lot:
Front - 30 feet
Side - The sum of the side yards shall
equal 30 feet or more with a 10
foot minimum.
Rear - 20 feet
One-Half Acre Lot:
Front - 30 feet
Side - 10 feet
Rear - 20 feet
One-Third Acre Lot:
Front - 30 feet
Side - 10 feet
Rear - 10 feet
Minimum Permeable Area of Lot (%):
One Acre Lots - 50%
One-Half Acre Lots - 30%
One-Third Acre Lots - 30%
Maximum Building Height: 40 foot
Permitted Principal Uses:
Recreational facilities, community center/day
care center with seventy-five child maximum
capacity; convenience store with gasoline
pumps and no automobile sales or repair;
grocery store; bank; hardware store;
professional office including beauty shop.
All of the above uses in designated commercial
areas are allowed upon site plan review and
approval by the Planning Board.
Permitted Accessory Uses:
Customary accessory uses and accessory use
structures incidental to a permitted principal
use.
Density:
One principal building up to 7,500 square foot in
size per lot.
Green Space:
The developer(s) shall provide an area
equivalent to percent (10%) of the overall
gross lot area or 2,178 square feet, whichever
is greater, to planted green space. To the
extent that the green space is not contained
in any required buffer areas, the green space
shall be located in the front yard of the lot.
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Landscaping of this area shall be subject to
review by the Town Beautification Committee
and Planning Board Site Plan review and
approval.
Declaration of Covenants and Restrictions:
The execution by Developer of a Covenant of
Declarations and Restrictions which restrict
and limit the use of the property as indicated
above and which may only be changed or
modified by Town Board approval, thus
modifying the existing Zoning Ordinance and
Map;
and
WHEREAS, on or about July 17, 1995, the Town Board of the Town
of Queensbury adopted a resolution authorizing the submission of a
request for rezoning of certain property owned by Hudson Pointe,
Inc., on 777 Corinth Road, in the Town of Queensbury to Planned
Unit Development, to the Planning Boards of the Town of Queensbury
and Warren County for recommendation and
WHEREAS, on or about the 15th day of August, 1995, the
Planning Board for the Town of Queensbury adopted a resolution to
recommend to the Town Board the rezoning of the subject property,
and
WHEREAS, the Warren County Planning Board recommended
approval, concurring with local conditions, of the requested
rezoning, and
WHEREAS, in order to so amend, supplement, change, or modify
the Ordinance and map, it is necessary pursuant to Town Law §265
and the Town of Queensbury Zoning Laws to hold a public hearing
prior to adopting said proposed amendment,
NOW, THEREFORE, BE IT
RESOLVED, that the Town Board of the Town of Queensbury hereby
acknowledges that the applicant for the proposed rezoning has
submitted a Part I Short Environmental Assessment Form and a number
of exhibits, and
BE IT FURTHER,
RESOLVED, that the Town Board of the Town of Queensbury shall
hold a public hearing, at which time all parties in interest and
citizens shall have an opportunity to be heard, upon and in
reference to a proposed amendment, supplement, change, and/or
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modification to the Town of Queensbury Zoning Ordinance and Map
described in the preambles of this resolution, and
BE IT FURTHER,
RESOLVED, that said public hearing shall be held on October
16th, 1995, at 7:00 p.m., at the Queensbury Activities Center, 742
Bay Road, Queensbury, Warren County, New York, and
BE IT FURTHER,
RESOLVED, that the Town Clerk of the Town of Queensbury is
hereby authorized and directed to give 10 days notice of said
public hearing by publishing the notice presented at this meeting
for purposes of publication in an official newspaper of the Town
and by posting on the Town bulletin board outside the Clerk's
Office said notice, and
BE IT FURTHER,
RESOLVED, that the Town Board of the Town of Queensbury hereby
authorizes and directs the Executive Director of Planning, Zoning,
and Building & Codes to ascertain a list of the names and addresses
of all property owners within 500' of the area to be rezoned, and
further authorizes and directs the said Executive Director to
arrange for notification of the proposed rezoning to all said
property owners that a public hearing will be held, mailing to said
owners a copy of the Notice of Public Hearing presented at this
meeting, and
BE IT FURTHER,
RESOLVED, that the Executive Director is also hereby
authorized and directed to send notice of the public hearing to
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 Section 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, and
BE IT FURTHER,
RESOLVED, that the Executive Director is hereby authorized and
directed to give notice of said public hearing, the proposed
rezoning and notify the involved agencies that the Town Board
desires to be lead agent and that a SEQRA determination will not be
made until after the public hearing, and
BE IT FURTHER,
RESOLVED, that the Executive Director is also hereby
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authorized and directed to give notice and refer this matter to the
Adirondack Park Agency and Warren County Planning, if necessary or
not already done, in accordance with the laws, rules and
regulations of the State of New York and the Adirondack Park
Agency.
Duly adopted this 2nd day of October, 1995, by the following
vote:
AYES : Mrs. Pulver, Mrs. Monahan, Mr. Turner, Mrs. Goedert,
Mr. Champagne
NOES : None
ABSENT: None
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