244.96
RESOLUTION TO SET PUBLIC HEARING
ON PROPOSED AMENDMENT TO ZONING ORDINANCE -
REGARDING PETITION FOR CHANGE OF ZONE OF
MICHAEL J. VASILIOU, INC.
RESOLUTION NO.: 244.96
INTRODUCED BY : Mrs. Betty Monahan WHO MOVED ITS ADOPTION
SECONDED BY : Mr. Theodore Turner
WHEREAS, certain property lying and existing within the Town
of Queensbury and bearing Tax Map Identification No.'s: 73-1-23,
73-1-22.1, 73-1-22.3, 73-1-22.4, 73-1-22.5, 73-1-22.6, 73-1-22.7,
and a portion of 73-1-21, is located in the vicinity of Aviation
Road and the Queensbury Union Free School District, and is
currently zoned RR-3A (Rural Residential - 3 Acres), hereinafter
referred to as the "Project Site," and
WHEREAS, Michael J. Vasiliou, Inc., hereinafter referred to as
the "Developer," has requested that the Town of Queensbury change
or modify the zoning to allow the development of a multi-faceted
project consisting of 111 single family lots, 9 multi-family lots
(18 duplex units), 7.1 acres for senior apartments (61 units), and
a 1 acre site for a community service, day care, medical office,
hereinafter referred to as the "Project," and
WHEREAS, the Town Board of the Town of Queensbury feels that
it would be appropriate to consider modification of the zone in the
area (Project Site) to allow the Project, provided that the Project
is developed as an appropriately conditioned Planned Unit
Development, in accordance with the provisions of the Town of
Queensbury Zoning Ordinance, and
WHEREAS, the Town Board of the Town of Queensbury
preliminarily determines that, assuming that the development occurs
as proposed, the rezoning proposal is worthwhile to consider since:
1. The project would initially appear compatible with the
area;
2. The project would appear to cause or further development
in the area that is positive;
3. Public and private utilities and facilities are
available in the area to service the project;
4. The school would appear to be benefitted by the project;
and
5. Aviation Road will soon be widened as part of an effort
by New York State to widen the bridge over the
Adirondack Northway, and available to serve the area;
and
WHEREAS, the proposed project is consistent with the following
goals and strategies from the Town Comprehensive Land Use Plan
dated May, 1989, which makes reference to encouraging expansion of
the regional water service, encouraging the provision of open space
through the use of a clustered subdivision design, encouraging
increased density where municipal service is available, the need
for the provision of senior housing, and
WHEREAS, the Town Board of the Town of Queensbury determines
that the appropriate manner in which to initiate the rezoning
process, in consideration of the Project, would be to consider
amending, supplementing, changing, and/or modifying the existing
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RR-3A (Rural Residential - 3 Acres) zoning of the Project site to
SR-20 (Suburban Residential - 20,000 Square Feet) and MR-5 (Multi-
Family Residential - 5,000 Square Feet), subject to the conditions
that the new zoning designations shall not take effect, and that no
building permit shall be issued and no construction shall occur as
may be allowed under or in an SR-20 (Suburban Residential - 20,000
Square Feet) or MR-5 (Multi-Family Residential - 5,000 Square Feet)
zone of the Town of Queensbury, until the developers, owner(s) or
other persons or companies with a legal or equitable interest in
the project site, and in any or all of the parcels subject to the
rezoning obtain a Planned Unit Development designation for the
entire Project site (all parcels of land covered by the rezoning)
in accordance with the process set forth in the Zoning Ordinance
for the Town of Queensbury, and
WHEREAS, on or about December 27, 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 Michael J.
Vasiliou, Inc., Tax Map No.s: 73-1-23, 73-1-22.1, 73-1-22.3, 73-1-
22.4, 73-1-22.5, 73-1-22.6, 73-1-22.7, and a portion of 73-1-21,
located in the vicinity of Aviation Road and the Queensbury Union
Free School, 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 14th day of May, 1996, the Planning
Board for the Town of Queensbury adopted a resolution whereby it
recommended a favorable report for the PUD to the Town Board with
the condition that the single family lots be sized at a minimum of
one-half acre, and
WHEREAS, the Town Board of the Town of Queensbury, as the
legislative body for the Town, is also the agency which oversees
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and reviews the Planned Unit Development application and review,
and
WHEREAS, the Warren County Planning Board has reviewed the
project and has consented to the Town Board of the Town of
Queensbury being the lead agency for SEQRA review purposes, and is
in the process of reviewing the project, and
WHEREAS, in order to amend, supplement, change, or modify the
Town Zoning 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, and
WHEREAS, the applicant has submitted as part of the PUD
application, a site plan bearing a revision date of April 1, 1996,
which indicates a Town Park of 8.79 acres in area which is to be
dedicated to the Town, and
WHEREAS, the site plan revised on April 1, 1996 indicates that
52.76 acres of land will be preserved as a conservation area in
order to restrict further development and protect its ecological
qualities, and
WHEREAS, the site plan revised on April 1, 1996 indicates that
portions of lots 12-17, 18-24, 51-63, 65-70, 93-96, and 111 will
include deed references to cutting restrictions, and
WHEREAS, lots 71-85 as shown on the site plan bearing a
revision date of April 1, 1996 will have a "no build" area in the
rear-yard of each lot which measures at least forty feet (40') in
depth,
NOW, THEREFORE, BE IT
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RESOLVED, that the Town Board of the Town of Queensbury hereby
acknowledges that the applicant for the proposed rezoning has
submitted a revised Part I Full Environmental Assessment Form, 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
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 June
17th, 1996, 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 Community
Development to ascertain a list of the names and addresses of all
property owners within 500' of the area to be rezoned, and further
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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 Town Board of the Town of Queensbury hereby
authorizes and directs that the Executive Director of Community
Development to send the Developer's application and a copy of this
resolution, together with all other appropriate materials, to the
Warren County Planning Board in compliance with General Municipal
Law §239-m, 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 §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 3rd day of June, 1996, by the following
vote:
AYES : Mrs. Pulver, Mrs. Monahan, Mr. Turner, Mrs. Goedert, Mr.
Champagne
NOES : None
ABSENT: None
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