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441.98 RESOLUTION SETTING PUBLIC HEARING ON PETITION FOR CHANGE OF ZONE FOR PROPERTY OWNED BY EVERGREEN BANK, N.A. FROM SFR-20 (SINGLE FAMILY RESIDENTIAL - 20,000 SQUARE FEET) TO HC-1A (HIGHWAY COMMERCIAL - ONE ACRE) RESOLUTION NO.: 441.98 INTRODUCED BY : Mr. Douglas Irish WHO MOVED ITS ADOPTION SECONDED BY : Mr. Pliney Tucker WHEREAS, the Town Board of the Town of Queensbury is considering a request for an amendment to the Town of Queensbury Zoning Ordinance and Map by Evergreen Bank, N.A. to rezone property bearing Tax Map No.’s: 108-1-31 and 108-1-32 located adjacent to the Queensbury Motors parking lot , Everts Avenues, Queensbury from its current zoning of SFR-20 (Single Family Residential - 20,000 Square Feet) to HC-1A (Highway Commercial - One Acre), and th WHEREAS, on or about October 19, 1998, the Town Board of the Town of Queensbury adopted a Resolution authorizing submission of the rezoning application to the Town’s Planning Board for report and recommendation, and th WHEREAS, on or about November 24, 1998, the Queensbury Planning Board adopted a Resolution recommending approval of the Petition for Change of Zone, and th WHEREAS, on or about November 16, 1998, the Warren County Planning Board adopted a Resolution recommending approval of the Petition for Change of Zone with the condition that the former power transmission corridor be left as greenway, and WHEREAS, before the Town Board may amend, supplement, change, or modify its Ordinance and Map, it must hold a public hearing in accordance with the provisions of Town Law §265, the Municipal Home Rule Law and the Town of Queensbury Zoning Laws, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury shall hold a public hearing on st Monday, December 21, 1998 at 7:00 p.m. at the Queensbury Activities Center, 742 Bay Road, Queensbury at which time all interested parties shall be given an opportunity to be heard concerning the proposed amendment to the Town of Queensbury Zoning Ordinance and Map whereby property bearing Tax Map No.’s: 108-1-31 and 108-1-32 located adjacent to the Queensbury Motors parking lot , Everts Avenues, Queensbury would be rezoned from its current zoning of SFR-20 (Single Family Residential - 20,000 Square Feet) to HC-1A (Highway Commercial - One Acre), and BE IT FURTHER, RESOLVED, that the Town Board of the Town of Queensbury hereby authorizes and directs the Queensbury Town Clerk to provide 10 days notice of the public hearing by publishing the Notice of Public Hearing presented at this meeting in the Town’s official newspaper and posting the Notice on the Town’s bulletin board, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Community Development Department to send a copy of the Notice of Public Hearing to all property owners located within 500' of the area to be rezoned, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Community Development Department to send the Notice of Public Hearing to the Clerk of the Warren County Board of Supervisors, Warren County Planning Board and 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 2 Zoning Regulations of the Town of Queensbury and the Laws of the State of New York, and BE IT FURTHER, RESOLVED, that the Town Board of the Town of Queensbury hereby determines that this proposed action is subject to SEQRA review and the Board desires to be lead agency for SEQRA review purposes, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes the Community Development Department to forward copies of the Rezoning Application, Environmental Assessment Form, Notice of Public Hearing and intent to serve as SEQRA Lead Agency to any agencies that may be involved for SEQRA purposes. th Duly adopted this 7 day of December, 1998, by the following vote: AYES : Mr. Turner, Mr. Irish, Mr. Tucker, Mr. Merrill, Mr. Champagne NOES: None ABSENT:None 3