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245.96 RESOLUTION SETTING DATE FOR PUBLIC HEARING ON INDIAN RIDGE PLANNED UNIT DEVELOPMENT RESOLUTION NO.: 245.96 INTRODUCED BY: Mrs. Betty Monahan WHO MOVED ITS ADOPTION SECONDED BY: Mr. Theodore Turner WHEREAS, on or about March 29, 1996, Michael J. Vasiliou, Inc., submitted a letter of intent together with an Environmental Assessment Form with exhibits, and requested that certain parcels of land, bearing tax map numbers: 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 District be designated a Planned Unit Development (PUD) in accordance with, and by virtue of, the provisions of Article 8 of the Zoning Laws of the Town of Queensbury, the same being a part of Chapter 179 of the Code of the Town of Queensbury, and WHEREAS, the PUD as proposed would generally consist 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, and WHEREAS, on or about the 27th day of December, 1995, the Town Board of the Town of Queensbury adopted a resolution indicating its desire to be lead agency for SEQRA purposes and authorizing notification of all other involved agencies that the aforesaid letter of intent and application had been made, and WHEREAS, on or about April 15, 1996, the Town Board of the Town of Queensbury adopted a resolution authorizing the submission of the aforesaid request concerning the Planned Unit Development, to be submitted to the Town of Queensbury Planning Board for a report and 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 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 revised project, and WHEREAS, in view of the foregoing, and in accordance with §179-57 D. of the Code of the Town of Queensbury, the Town Board of the Town of Queensbury desires to set a date for a public hearing on the proposed Planned Unit Development, 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 2 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 RESOLVED, that the Town Board of the Town of Queensbury hereby acknowledges that the applicant for the Planned Unit Development has submitted a revised Part I Long Environmental Assessment Form and a number of exhibits, and that as a result of previous notification of agencies ascertained to be involved in the project, there is no objection to the Town Board of the Town of Queensbury being lead agency for purposes of SEQRA review, and BE IT FURTHER, RESOLVED, as lead agency for the SEQRA review process, the Town Board of the Town of Queensbury hereby determines that it would be appropriate to wait until after the public hearing in this matter, prior to making any determination as to whether the project is appropriately granted a positive or negative declaration, as the Town Board feels that further information may come forth at the time of the public hearing which would assist the Town Board in making a determination with regard to SEQRA, and the Town Board also notes that no action can be undertaken or commenced with regard to the project, until such time as the Town Board shall grant a Planned Unit Development status and that this cannot happen until after a public hearing, and therefore, setting and holding the public hearing prior to making the aforedescribed SEQRA determination does not commit the Town to any definite future course of action in granting a permit or allowing the project, and BE IT FURTHER, 3 RESOLVED, that the Town Board of the Town of Queensbury determines that it 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 the proposed Planned Unit Development identified in the preambles hereof, and BE IT FURTHER, RESOLVED, that the said public hearing shall be held on the 17th day of June, 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 at least ten (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 Town Clerk's Office said notice, and BE IT FURTHER, RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes and directs the Town Community Development Department to ascertain a list of the names and addresses of all property owners within 500' of the area proposed to be legislated as a Planned Unit Development, and arrange for a copy of the aforesaid notice to be mailed to all said property owners a minimum of 15 days prior to the scheduled date of the public hearing, and BE IT FURTHER, RESOLVED, that the Community Development Department is also 4 hereby authorized and directed to give written notice of the public hearing on the proposed Planned Unit Development in accordance with the written notice presented at this meeting, to be delivered at least ten (10) days prior to the following: 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 §264 or §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 Community Development Department is also hereby authorized and directed to give notice of said public hearing on the proposed Planned Unit Development to the Warren County Planning Agency and the Planning Board of the Town of Queensbury, and to the Adirondack Park Agency, if necessary, in accordance with the laws, rules and regulations of the State of New York and the Adirondack Park Agency. Duly adopted this 3rd day of June, 1996, by the following vote: AYES : Mrs. Monahan, Mr. Turner, Mrs. Goedert, Mrs. Pulver, Mr. Champagne NOES : None ABSENT: None 5