Application a . •
s TOWN OF QUEENSBURY
742 Say Road, Queensoury, NY 12804-5902 518-761-8201
c
TOWN OF QUEEISBURY
PETITION FOR A CMANGE OF ZONE
Petition Application No. :
Applicant' s Name: J & J Management Associates, Inc.
Address : PO box 207 `
E. Greenbush, NY 12061
To the Zy^yl=yq r
The QueensbL'r'v' Planning Board will review this Petition and
make reco=e^-Cations to the Town Board. As Dart of this
review, the Planning Board will consider tLle f011owina
questions and submit answers to the Town Board. As t_";:
applicant, you wii'_ have the option to provide answers for the
Boards to consider.
1 . what need is being met by the proposed change " zone or new
zone?
The existing office building on the site has been vacant for years. The
grogosed zone change will allow the site to be purchased and occupied
2 . What existing zones, if a^yy, can meet the stated need?
An extension of the existing Hl -_ A zone will allow for commercial boat
sales as proposed.
3 . How is the Dronosed zone compatible with adjacent zones?
It is merely an extension of the existing adjacent zone and commercial
boat sales is an existing use on the north side of Route 149
4 . What _hVsicc_ C haracterlstics O' t_^-� S_te aTe Suitable t0 the
proposed zone?
The lncptinn in the yi inity of the Ray Rne Rnute 149 intprcprtinn
5 . How will the proposed zone affect public facilities?
There will be no effect because access will be via Walkup Cutoff Road
which has low traffic volumes.
6. Why is the c•-,=ent zoning classification not appropriate for
the property in question?
The site is oar ;ally coned H -1A and partially RR 3A
7 . what are the environmer_tal iT,- acts of the proposed change?
Minimal because the site can be properly landscaped to provide a
visual buffer. Also, the vacant building is a detriment to the area
8 . How is the proposal compatible with the relevant portions of
the Comprehensive Land Ise Master Plan?
It is not. because the CLUMP proposes r zoning the HC 1A portion of the
parcel to RR-3A, but this ignores the existing office building located
on the site. —
9 . -low are the wider interests of the Commur_ity being se_,red by
this proposal?
The site will no longer be vacant and deteriorating.
-2-
t •
TOWN OF QUEENSBURY
742 Bay Road, Queensbury, NY 12804-5902 518-761-8201
TOWN OF QU=SBURY
APPLICATION - PETITION FOR A CHANGE OF ZONE
The applicant ;mist submit an original & fourteen (14) copies
of all documentation requested in this application to the Town
Clerks Office.
PETITION/APPLICATION NUMBER:
DATE RECEITITM BY TCGNl CLERK' S OFFICE:
DATE RECE-= BY PL;LNNING OFFICE:
1 . A=!-' catior. _or: (check ammlicable)
a) Amendme= of Zoning Map : X
b) Amendme= of Zoning Ordinance :
2 . Owner' s Name: J & J Management Associates . Tnc. (contract vendee)
Address : PO Box 207 East Greenbush NY 12061
Phone : 422-8990 (James Sherwood)
Property Invclved: JM'.Weller=orooerty Bay. Read/Route 149
Address • 3231 Bay Road, Queensbury
Tax Map No . 48-1-26 (portion of)Current Zoning: RR-3A
Pronosed Zoninc: Hr-1A
3 . Property Locacior.: South side of Route 149 and Walkup Cutoff Road
-3-
4 . Statistics and Data on Property:
a) Total Area: sa. ft . or 1.8 acres (to be rezoned)
b) Dimensions :
Minimum Width:
Average Width:
Minimum Depth:
Average Depth:
Irregul-arities (describe) :
c) .Exist"--"g use (include structures, outdoori'ses , rights
of way, easements and limitation to use of property) :
nff;r_ a_h n�_ldino and s o age sheds and parking lot
d) Adjacent uses within 400 feet : (state direction,
location, use, zone, and owner) :
e) State, County, or Town property within 500 feet :
None
*** A SITE PLAN OF THE PROPERTY TO BE REZONED MUST BE
SUBMITTED WITH THE APPLICATION, ITEMS (A) THROUGH (H) MUST BE
INCLUDED ON THE SITS PLAN AND ADDRESSED IN THE SUBMISSION.
A) Map of property at a scale of 1 inch = 40 feet or less
with sca'_=_ and north arrow and topography.
3) Boundaries of property with dimensions in feet, including
zoning boundary.
-4-
C) Identification of wetlands or watercourses or waterbodies
on site.
D) Location of any current structures on site, their
exterior dimensions, use, and setbacks .
E) Location of any proposed easements and driveways .
F) Location of existing public or private water and sewer
facilities.
G) Location of existing and proposed parking and loading
faciliti=-s.
H) Identification of uses (i .e . residenzi=?, cclr=nercial,
industrial) or. properties within. 500 feet .
5 . IF PETITION IS FOR AN AMENDMENT TO ZONING ORDIh^. cE, C TR TR3
SECTION(S) TO BE CHNGED, AND StiORDING TO BE SUBSTI.0-K :
N/A
v . IN SUPPORT OF ?EIS PETITION, THLE FOLLOWING STATE IS MADE:
The proposed rezoning is compatible with existing structures and adiacent
uses and will out the vacant building back in service
7 . =- FOLLOWING DOCIIiNNTS ARE SIIBMITTED HEREWITH:
_Rezonina map and Short Form Environmental Assessment
ME M
F_ • £+ .l..+my
xi
�E
3TRRQYZZ*'_r'TON TO Ac-r AS-Aam
If the aeo�M is =able to attend the meeting, wishes to
be represented by another party, the applicant's ignature is
needed on the authorization form below, designat g an agent.
A2PLI==.1 s AGENT pORM
Jim Sherwwd,
I J a J Mwvw"a't 4asocistm, LT.hereby designate Jonatha 4epoer, Esq. & Tom
ace, P.
as my agent regarding Petition for a Change of Z e for Tax
Map No.
SIGNED : X o" DAIS:
It the QWNxg of the property is not the same as t applicant
the owner' s signature is needed on the author' ation form
below, designating the applicant as agent.
OOPN8I2'S AG3AST pOAH
I, SlL owner of the premises to ted at Tax
Map No . : hereby designate r. se Inc,
as my agent regarding am application for Petition r a Change
CC Zone at the above premises.
SIGN=: Z$;
t f * • • ♦ 4 f • f t t f t • i ♦ » R 4 f t i Y f t t t ♦
PLEASE READ AND SIGN
*The parties herato consent that the proceedings ch result
from the within application may be tape-re rded and
transcribed by the Town Clark or his/her agent as that sue::
minutes as may be transcribed shall constitute tj official
record of all proceedings regarding this applicat n, unless
the same may vary from the ha.advrittaq minutes t4 tgn by the
Town Clark or the Secretary the planning Sur, or Zoning
Board of Appeals, in Ziectr eve t he handwritten + rates as to
such inc7m4stencips shall, e a d the ofticialrecord. *
Signature: ` - Date:
TO 3BCJ 6T8s s@mia 5Qa3>03 T8608656TS DS 6T 100Z/8Z/Z0
PROJE6T L7. MJMaEr3 61j� lSCQfZ'
Appendix C
State environmental Quality Revlew
SHORT ENVIRONMENTAL ASSESSMENT.FORM
For UNLIST-D ACTIONS Only
PART I—FROJcCT INFORMATION (7c t*- completed by Applicant or Frofect sponsor)
rsou�thwest
_ 2. PRO.t�NAMEAssociates Inc. IRotue 149 and Walku ' Cutoff Rd' - rezoning
ECT LOCATION:n Eaifty 'Town of Queensbur �„r,r - Warren
IS_LOOATION;Street address andr_sd intersections,prominent iandnWa, ar,.,or Provide map)
corner of Route 149 and Walkup Cutoff"Road .
S. IS PROPDSED ACTION: .
;J New Expansion ❑Mriii:a:iavefSretion
6. D3CRIeE PROJECT 6Rl°PLY:
. . Proposed rezoning of a portion of RR-3A zone to expand existing HC-1A zone.
7. AMCiJNT OF LAND
Inifia iv 1.8 acres UISmately 1.8 acres
n ll11 papaDS.-w:nAO;ICN COM?'_Y WGN _^,,:STfNG zONINv OR OTr.EP-'„'...Si1NG LAND USE F=BTR10',IONS?
Lr Yes El No H No. descrlDe ::evW. .
REzoning requested
9. Wn�rA- Is PRESENT LAND USE IN VIDIN 'G=°RCJED71
'.L FFeside.-i:i ei L11rtC_s�al :.Ll C:mma,ova! Q A�:J1:Jre ❑Park rorest/Opsn s?L's !�I Oi'tCr
10. DC ES ACT:DN :NV:1LVE A ?ERM rr AP?RDVA'-OR?JN0IN'3. NOW CR ULTIMAi^Y PROM ANY 07NER SOVERNMSN 7AL AG.=NCY (?�—=RAL,
57 ATE DR LDDAL:'?
13 Yes r No If yes. lis! ';en-y(s)
z.-�C cs:;nl JapProv_s
Warren County Planning Boad and, ultimately, Queensbury Planning Board for site plan review
,. 0025 A\Y ASPECT OF 7HE ACTION "..AVE A=RRc4 ImY VALID =ERM7 OR APPROVAL?
La Yes ❑NC If yes, Iis: ace-cy name and permiL'appreval
Existing office building has received site plan approval
12. AS A ___ P PROPOSED AC'ICN --CS71Nu?ORMITIA?PROVAL REDUI?? MOO(FiCATiON?
Yes ❑No Modification of existing site plan approval..
I CERTIFY THAT TF3!NFDRMA7I3N PROVIDED .ABDVS—c TRUE TO THE SEST OF MY*4OVJL=_E
Appli=aP_a:p-::.r name, J & J Managemeht Associates, Inc. 2/28/01
BySi: Jonathan C. Lapper, Esq. , its attorney
�r.z:u•�-
If the action is in the Coastal Area, and you are a state agency, corrmieta the
Coastal Assessment Form before pro:ceding with this assessment
0VER
i
PART if-7VVIR0,NM'rNTAL A kt (T(To be completed by Agency)
A DOES A rCMON EXC_ED ANY TY.Pc I TNReSHOLD IN 6 NY,-RR PART of 7.4? If yes,coordinate the review process and use the=ULL iAR.
❑Yes - ❑No
B. WILL ACTION REC:?N=COORDINATp P_ri_W AS PROVIDE FOR UNLISTED ACTIONS IN a NYCRP,PART 6175? N No. a nepativs declaration
may be superseded by another involved rcan_-y. .
❑Yas ONO
C. COULD ACTION RESULT IN ANY ADV_r9=EF r_CTS ASSOCIATED WITH.TN= FOLLOWING(Answers may be hanow.1 tai. if legible)
001. ss:irrp air quaRt, surface or V::tC-.mW queAty or quantity, noise (evens, existing traffic pmonres solid were production or disposal,.
pmen:ial for erosion, dreinage or flooding prOblans?Main bristly.
CZ Atsttax Agnadtuml. archaaaogitai,histor_,or other naturej or cutturat resources:or community or migndombod_nam-_T*rf zpialn brief r.
C3. Vegetation Or taur.;fish,sheJlfsn or vAldllte spsdies,significant habitats, or threatened or andanpend species?explain hrieHy.
C2. A:onmunny's existing plans or;sas as offi..aiy adoptad,or a cnange in use or intensity of use of Ian,a pthB natursl resour_esT xprain briefy
CS_ a.-w:r.,subs!quem devalopmwf,:;:slate, L.iv'C.les Ilkary to De induced by the proposed aeti:h? Erb"briefly.
CS. Lon;tam; snort tartn,cunmative.Of pine;stints not Idantifted in C .C5? Explain briafty.
C7. Other Inpact: (Including changes ir. >Sa of 2-1nw ouant.".y o:tYpa of anerpy)? Explain briefly.
D. WILL Th=PROJEO-HAVE AN IMPACT=44 _WARONMENTAL CH kRACi=_=t:S7ICS 7RA7 CAUSED T :_,ASUSNM=N T, OR A CEA?
❑Yes ❑No
IS T'r:ER=,OR IS TH=.RE!if(=�Y i0== CC\'iCVE?SY R°LAT 7 TC ROT I:,AL fJV2P�=ENVIRONMSN AL IM?k^?
❑Yes ❑No if Yes, exo!ain Dnefiy
PART III—DETERMINATION OF Slu^^NIFICANC= fio be Completed by Agency)
INSTRUCTIONS: =or each adverse e:fe-Idertr red above, determine whether it Is substantial tarn inponen!Dr otherwise significant.
each effect should be assessed in _Orna.^icn with Its Is) setting ((.,urban Or rural); (b)'proca_-iiiy of occLtcing; (a) duration; (d)
irreve.-.ibilltr (e) geographiC SO=—_ and (f) ragnimds. If necessay,add aaachmentS or reierenOe supporjng rn=_teriafs. Ensure that
explanations contain sufficient detail m shoW that all relevant adverse impacts have been identified and adequately aC:ressed..If
questiat D of Part 11_was checked yes.the deteminatlon and signf mnCe must evaluate�&e ,=-_ifal lnpact of the proposed action
on the s.'MrdnMentai Characteristics ct the CEA
❑ Check this box IfyYOU have idantlfied ohs or Mora potafntialiy iarge or significant adverse impacts which MAY
-occur. I hen Proceed directly to the Fui j EAF and/Or prepare a pCSi tlVe deCiaf
❑ Check this box if you have determined, based on the information and aralys:S above and any supporting
documentation, thzt the prCpcsed action WILL NOT result in any significant adverse Environmental impacts
AND Provide on attachments as necessary, the reasons supporting this deterMi;:a;iDn:
Neme dr Lead Asencv
rnn: Dr :',re Kama nr Rta:dlfrdle':r._er m L`at krmc� twe or i(eSWq�nle'v:1�C(
agna�re nr Resxns:>w Os:rc a.eA-.gtncy n3natnre of rreparer tr=cn t nricen
9
FILE
Town of Queensbury Planning Board
Community Development Department Staff Notes
Project Applicant: J& J MANAGEMENT
Application No.: PZ 4-2001
Project Location: 3231 Bay Road and Route 149
Zone: Split zone -Rural Residential/Highway Commercial
SEQR Status: Unlisted
Meeting Date: April 17, 2001
Project Description
The applicant proposes to rezone 1.8 acres of an 11.25 acre parcel to extend the Highway
Commercial zone.
Project Analysis
1. What need is being met by the proposed change in zone or new zone?
The applicant proposes to utilize a non-occupied piece of land and associated vacant
buildings for a future business use, i.e. Boat storage.
2. What existing zones, if any, can meet the stated need?
The Land Conservation zone allows for commercial boat storage but no related sales. The
Highway Commercial zone also supports commercial boat storage, and includes sales of
boats and other retail sales. Both zones require site plan review for the anticipated use.
3. How is the proposed zone compatible with adjacent zones?
The extension of the zone by 1.8 acres is compatible with the minimum amount of acreage
needed for Highway Commercial One Acre. This area is identified in the proposed zoning
ordinance as the Route 149 and Bay Road corridor. The corridor recommends design
guidelines to maintain this area with an Adirondack Theme. The businesses on the north side
of Route 149 demonstrate the Adirondack theme with log structures.
4. What physical characteristics of the site are suitable to the proposed zone?
The parcel of land contains a field area with greenhouses and an area containing
office/storage buildings. The parcel has frontage on three roads known as Route 149,
Walkup-Cutoff, and Bay Road. The parcel does contain a small APA wetland located along
the southern property line.
5. How will the proposed zone affect public facilities?
The impacts on public facilities are expected to be minimal, but include Fire, EMS, Highway,
and other business utilities such as electric.
6. Why is the current zoning classification not appropriate for the property in question?
The portion of the property that is zoned highway commercial is less than one acre; any
improvements to the buildings in the HC-IA zone portion may be subject to a variance. In
addition, there are some buildings and access areas that are located in the Rural Residential
zone that would not be allowed to be used for the proposed commercial use without a use
variance.
7. What are the environmental impacts of the proposed change?
Anticipated environmental impacts. A Short EAF was submitted. A Long EAF is typically
submitted with a zone change request, especially when it is known that there will be land use
changes at the site.
8. How is the proposal compatible with the relevant portions of the Comprehensive Land Use Master
Plan?
The property is located in Neighborhood 4, but is associated with Neighborhoods 2 and 5.
Neighborhood 4 does not have specific recommendations for this site. The other two
neighborhoods recognize the potential for commercial use along Route 149, but encourage
the businesses to blend in to the rural area.
9. How are the wider interests of the Community being served by this proposal?
The zone change would support additional commercial use.
Areas of Concern or Importance
The applicant has not submitted a site plan for the future use of the property. The future business
use proposed, boat storage, may involve environmental impacts regarding amount of permeable
land and aesthetics.
Suggestions
The Planning Board is to provide the Town Board with a recommendation to rezone the
property. Staff would encourage the Board to include in their recommendation the comments
suggested by the proposed Zoning Ordinance and the Comprehensive Plan. The Planning Board
may wish to review the Site Plan before making a recommendation for the zone change.
Apr01-18
Warren County Planning Board
Project Review and Referral Form
Reviewed by Board on April 11,2001
Project Name: J&J Management
Owner: J&J Management R E C LE I V E
ID Number: QBY-PZ-4-2001
CountyProjectN: Apr01-18
Current Zoning: HC-IA TOWN UI C., : :>' URY
Community: Queensbury PLANiJ. ,3 uF !CE
Project Description:
Applicant seeks the rezoning of a portion of RR-3A zone to expand zone HC-IA.
Site Location:
SW corner of Bay Road and Walkup Cutoff Road just south of State Rte 149
Tax Map Number(s):
Staff Notes: --- _ -
The applicant requests to extend the Highway Commercial IA zone westward to use 1.8 acres currently zoned Rural
Residential 3A to facilitate the sale and reuse of an existing office/showroom.The existing office building is located on a
section of the parcel zoned HC-]A.An HC-IA reclassification would allow a wide variety of uses on the site including
automobile or boat sales and service,mobile home sales, restaurants,gas stations,and motels.The proposed zone change
is not compatible with the Town of Queensbury's Comprehensive Land Use Master Plan,which proposes rezoning the
portion of the lot currently zoned HC-1 A to RR-3A.This area is primarily residential,with a cluster of stores and one
restaurant right at the crossroads of Bay Road and State Route 149.It appears that the intent of the Master Plan is to contain
commercial uses at this crossroads rather than allow them to sprawl into the surrounding countryside.Staff recommends
discussion to evaluate the compatibility of a Highway Commercial use with surrounding uses and the potential impact of an
undetermined highway commercial use on Bay Road and State Route 149.
Local actions to date(if any):
County Planning Board Recommendation:
Approve
Local Action:/Final Dispensation (Provide reason if local action is contrary to Warren County Planning Board recommendation):
Warren County Planning d Date Signed Local Official Date Signed
PLEASE RETURN THIS FORM TO THE WARREN COUNTY PLANNING BOARD WITHIN 30 DAYS OF FINAL ACTION.
• Vjw-y, tr�
i
RESOLUTION SEEKING LEAD AGENCY STATUS AND AUTHORIZING
TOWN CLERK TO SUBMIT PETITION FOR CHANGE OF ZONE FOR
PROPERTY OWNED BY J&J MANAGEMENT ASSOCIATES, INC.,
TO PLANNING BOARD
RECEIVED
RESOLUTION NO. 142,2001
INTRODUCED BY: Mr.Theodore Turner
OF WHO MOVED ITS ADOPTION TOWN PLANPLANQU NINGOFFICEFCE C�FRY
SECONDED BY: Mr. Daniel Stec
WHEREAS, J & J Management Associates, Inc., has submitted an application to the
Queensbury Town Clerk's Office for rezoning of a parcel of property and the application has been
reviewed by the Town Planning Staff and deemed complete for purposes of review, and
WHEREAS, applications for rezoning and zoning amendments are forwarded to the Town
Planning Department and Planning Board for recommendations in accordance with §179-94 of the
Town Zoning Ordinance, and
WHEREAS, following such recommendations, the Queensbury Town Board will review
the rezoning applications and take such other action as it shall deem necessary and proper,
NOW,THEREFORE,BE IT
RESOLVED, that the Queensbury Town Board hereby authorizes and directs the Town
Clerk to submit the following application to the Queensbury Planning Board for report and
recommendation:
APPLICATION OF J &J Management Associates, Inc.
TAX MAP NO: 48-1-26
LOCATION OF PROPERTY 3231 Bay Road, Queensbury,NY
APPLICATION FOR Rezoning of portion of a parcel currently
zoned Rural Residential — Three Acres
(RR-3A) to Highway Commercial — One
Acre(HC-lA);
and
BE rf FURTHER,
RESOLVED, that the Town Board hereby indicates its wish to be Lead Agency for SEQRA
review of this project and directs the Department of Community Development to notify any other
involved agencies.
Duly adopted this 19`h day of March, 2001,by the following vote:
AYES : Mr. Brower, Mr. Martin, Mr. Turner,Mr. Stec, Mr. Brewer
NOES: None
ABSENT:None
2
0 ''- FILE
TOWN OF QUEENSBURY
742 Bay Road, Queensbury, NY 12804-5902 518-761-8201
Queensbury Planning Board—Record of Resolution
Petition for Change of Zone
Craig MacEwan, Chairman Catherine LaBombard, Secretary
TO: J& J Management RE: PZ 4-2001
P.O. Box 207 J& J Management
East Greenbush,NY 12061 Recommendation to Town
Board
DATE:April 17, 2001
RESOLVED:
MOTION TO RECOMMEND PETITION FOR ZONE CHANGE, PZ 4-2001 J & J
MANAGEMENT FOR ZONE CHANGE FOR THE 1.8 ACRES LISTED ON THEIR MAP
OF FEBRUARY 6 , A ZONE CHANGE TO HIGHWAY COMMERCIAL Introduced by
Robert Vollaro,who moved for its adoption, seconded by Larry Ringer:
Duly adopted this 17th day of April,2001by the following vote:
AYES: Mr. Ringer,Mr. Metivier, Mr. Strough,Mr. Hunsinger,Mr. Vollaro, Mr.MacEwan
NOES: None
ABSENT: Mrs. LaBombard
Sincerely,
Ct(ai+ '1 f)o Ea-)t .b
Craig MacEwan, Chairman
CWpw
Cc: Jonathan Lapper
Town Board, Town Clerk,Town Counsel
,,HOME OF NATURAL BEAUTY. . .A GOOD PLACE TO LIVE"
SETTLED 1763
RESOLUTION SETTING PUBLIC HEARING ON PETITION FOR
CHANGE OF ZONE FOR PROPERTY OWNED BY J&J MANAGEMENT
ASSOCIATES, INC.FROM RR-3A (RURAL RESIDENTIAL- THREE
ACRES) TO HC-1A (HIGHWAY COMMERCIAL - ONE ACRE)
RESOLUTION NO.: 179,2001
INTRODUCED BY : Mr.James Martin
WHO MOVED ITS ADOPTION
SECONDED BY : Mr. Theodore Turner
WHEREAS, the Queensbury Town Board is considering a request by J&J Management
Associates, Inc. to amend the Town Zoning Ordinance and Map to rezone property bearing Tax
Map No.: 48-1-26 located at 3231 Bay Road, Queensbury from RR-3A (Rural Residential - Three
Acres)to HC-IA(Highway Commercial—One Acre), and
WHEREAS, on or about March 19th, 2001, the Town Board adopted a Resolution
authorizing submission of the rezoning application to the Town's Planning Board for report and
recommendation, and
WHEREAS, on or about April 17`h, 2001, the Queensbury Planning Board considered the
proposed rezoning and made a positive recommendation to the Town Board to approve the
rezoning application, and
WHEREAS, on or about April 11`h, 2001 the Warren County Planning Board considered
the proposed rezoning and also recommended approval of the application, 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
w •
RESOLVED, that the Queensbury Town Board shall hold a public hearing on Monday,
May 7 s, 2001 at 7:00 p.m. at the Queensbury Activities Center, 742 Bay Road, Queensbury to hear
all interested parties concerning the proposed amendment to its Zoning Ordinance and Map
whereby approximately 1.8 acres of the property under contract by J&J Management Associates,
Inc. bearing Tax Map No.: 48-1-26 located at 3231 Bay Road, Queensbury would be rezoned from
RR-3A(Rural Residential-Three Acres)to HC-1A(Highway Commercial—One Acre), and
BE IT FURTHER,
RESOLVED, that the Town Board hereby authorizes and directs the Town Clerk's Office
to provide 10 days notice of the public hearing by publishing the attached Notice of Public Hearing
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 fiuther authorizes and directs the Community
Development Department to provide the Town Clerk's Office with a list of all property owners
located within 500' of the area to be rezoned so that the Town Clerk's Office may send the Notice
of Public Hearing to those property owners, and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs the Town Clerk's Office
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 in accordance with New York State Town Law §265, the Town's Zoning
Regulations and the Laws of the State of New York, and
BE IT FURTHER,
2
r RESOLVED, that the Town Board intends to conduct SEQRA review of the proposed
rezoning after the public hearing at its May 7`h, 2001 meeting.
Duly adopted this 23`d day of April,2001,by the following vote:
AYES : Mr. Stec,Mr. Brower, Mr. Martin,Mr. Turner
NOES :None
ABSENT:Mr. Brewer
3
�JI YA�wrrU,nr l�tlC�
RESOLUTION ADOPTING SEQRA NEGATIVE DECLARATION AND
AMENDING ZONING ORDINANCE TO CHANGE CLASSIFICATION OF
PROPERTY OWNED BY J&J MANAGEMENT ASSOCIATES, INC.
LOCATED AT 3231 BAY ROAD, QUEENSBURY FROM
RR-3A (RURAL RESIDENTIAL—THREE ACRES) TO
HC-1A (HIGHWAY COMMERCIAL— ONE ACRE)
RECEIVED
RESOLUTION NO. 216.2001
INTRODUCED BY: Mr. Daniel Stec JUN 0 1 2001
WHO MOVED ITS ADOPTION TOWN OF QUEENS13URY
PLANNING OFFICE
SECONDED BY: Mr.James Martin
WHEREAS, the Queensbury Town Board is considering a request by J&J Management
Associates, Inc., to amend the Town Zoning Ordinance and Map to rezone property bearing Tax
Map No.: 48-1-26 located at 3231 Bay Road, Queensbury from RR-3A (Rural Residential - Three
Acres)to HC-1 A(Highway Commercial—One Acre), and
WHEREAS, on or about March 19`h, 2001, the Town Board adopted a Resolution
authorizing submission of the rezoning application to the Town's Planning Board for report and
recommendation, and
WHEREAS, on or about April 17 h, 2001, the Queensbury Planning Board considered the
proposed rezoning and made a positive recommendation to the Town Board to approve the rezoning
application, and
WHEREAS, on or about April 11`h' 2001,the Warren County Planning Board considered the
proposed rezoning and also recommended approval of the application, and
WHEREAS, the Town Board duly conducted public hearings concerning the proposed
th
rezoning on May 7and May 2l", 2001, and
WHEREAS, as SEQRA Lead Agency, the Town Board has reviewed a Short Environmental
Assessment Form to analyze potential environmental impacts of the proposed rezoning, and
WHEREAS, the Town Board has considered the conditions and circumstances of the area
affected by the rezoning,
NOW,THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby determines that the proposed
rezoning will not have any significant environmental impact and a SEQRA Negative Declaration is
made, and
- BE IT FURTHER,
RESOLVED, that the Town Board hereby amends the Town of Queensbury Zoning
Ordinance and Map to rezone a 1.8 acre portion of property owned by J&J Management Associates,
Inc. bearing Tax Map No.: 48-1-26 located at 3231 Bay Road, Queensbury from RR-3A (Rural
Residential - Three Acres) to HC-lA (Highway Commercial —One Acre) but without the following
allowed uses:
Multifunction department store
Public Parking Garage
Gasoline Station
Drive in Theater
Amusement Center
Auto repair and body shop
Aut6mobile sales and service
Commercial boat storage
Farm and Construction equipment sales and service
2
l • .
Mobile home sales
Car wash
Fast-food restaurant, diner or bar
Motel,hotel, inn or lodge
and
BE IT FURTHER,
RESOLVED, that the Town Board hereby authorizes and directs the Queensbury Town
Clerk to arrange with a surveyor to update the official Town Zoning Map to reflect this change of
zone, and
BE IT FURTHER,
RESOLVED, that the Town Board hereby authorizes and directs the Town Clerk to send a
copy of this Resolution to the Warren County Planning Board, Town of Queensbury Zoning Board
of Appeals, Town of Queensbury Planning Board and any agency involved for SEQRA purposes,
and
BE IT FURTHER,
RESOLVED, in accordance with the requirements of the Town of Queensbury Zoning
Ordinance Article XIII and Town Law §265, the Town Board hereby authorizes and directs the
Town Clerk to publish a certified copy of the zoning changes in the Glens Falls Post-Star within five
(5)days and obtain an Affidavit of Publication, and
BE IT FURTHER,
3
RESOLVED,that this amendment shall take effect upon filing in the Town Clerk's Office.
Duly adopted this 2151 day of May, 2001,by the following vote:
AYES Mr. Brower, Mr. Martin,Mr. Turner, Mr. Stec,
NOES Mr. Brewer
ABSENT: None
kDadeen M.Douvh "^wn Clerk of the Town of Queensbury,Warren Coft
New York,do he t, '.hat I have compared the foreQoft with tM
original ressuue above adopted at a pa,.L®
Of the kvm .:cair 'n .,n of fico nsbury held ontile 2l
owl
r"-ly- 1(bl at which a quorum was pfesent iduft
saFF rrectt, sc, , therefromandofthewholeod0aatthasd
to,
IN ;r , 1 nave hereto set my hand and theSEAldoNIM
of u.._. .s )-). day of r-4-T •�
SEAL Slott
Darhten MM
Town CW*
TOWN of 1001010110111
4
7476-a(777931—Ttzt 12 Ah •
PiinIFCT•;.D. NutnaER 617M 'SEAR
Appendix C
State Environmental Quality Review
SHORT ENVIRONM ENTAL ASSESSMENT FORM
For UNLISTED ACTIONS Only
PART I—PROJECT INFORMATION (TO,be completed by Applicant or Projeet sponsor)
1. APPLICANT ISPONSOR 2. PROJECT NAME
J Inc. Rotue 149 and Walkup Cutoff Rd' - rezoning
S. PROJECT LOCATION:
MunlplbalRy Town of Queensbur co=T, -Warren
A. PRECISE LOCATION(Street sadness and mad tntWseptlpn&prominent iandmaras,eete,,.or provide map)
southwest corner of Route 149 'and Walkup Cutoff'Road .
S. IS PROPOSED ACTION:
MNew ❑Expansion ❑Moolfipatiowaftwation '
S. DESCRIBE PROJECT aRIEFLY:
. .Proposed rezoning of a portion of RR-3A zone to expand existing HC-1A zone.
7. AMOUNT OF LAND AFFECTEO:
Initialmy 1.8 acres Ultimaleiv 1.8 acres
S. WILL PROPOSED ACTIONCOMPLY WITH EXISTING ZONING OR OTHER FISTING LANO USE RESTRICTIONS?
❑Yes EI No If No, describe briefly
REzoning requested .
9. WHAT IS PRESENT LAND USE IN VICINITY OF PROD r
(3 Residential ❑Industrial ®Commercial 0 Agriculture ❑ParidForestlOpen space ❑Oiber
Describe:
10. DOES ACTION INVOLVE A PERMIT APPROVAL OR FUNDING, NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENT
STATE OR LOCAL)? AL AGENC". (FEDERAL,
®Yes ❑No If yes, list ageneyls)and parmlthpprovals '
Warren County Planning Boad and, ultimately, Queeinsbury Planning Board for site plan review
11. riDOB ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL?
m Yes ❑No If yes, He',apeny name and pennlVapproval
Existing office building has received site plan approval
12. AS A RESULT OF PROPOSED ACTION WILL EXISTING PERMITIAPPROVAL REQUIRE MODIFICATION?
®yes []NO Modification of existing site plan approval..
I CERTIFY THAT THE INFORMATION PROVIDED ASOVE IS TRUE TO THE BEST OF MY KNOWLEDGE
ApPlicantispcnsor name: J & J Management Associates, Inc. Dam, 2/28/01
By5i: Jonathan C. Lapper, Esq. , its attorney
gnasure:
If the action Is in the Coastal Area, nd you are a state agency, complete the
Coastal Assessment Form bef re proceeding with this assessment
OVER
1
.I;—ENy1RONMENTAL ASSAENT(To be completed by Agency) ! -
JOES ACTION EXCEED ANY TYPE I THRESHOLD IN 6 NYCRR PART 817.47 If yaa,coordinate the review process and use the PULL PJ .
El yes No
B. WILL ACTION RECEIVE COORDINATED REVIEW AS PROVIDED FOR,UNLISTED ACTIONS IN S NYCRR,PART 8'17.8? ff No, a negative declaratibn may be superseded by another Inaplvad agency.
❑Yes M No
C. COULD ACTION RESULT IN ANY ADVERSE EFFECTS ASSOCIATED WITH.THE FOLLOWING:(Answers may ix hantlwntten, if legible)
fOl. Existing air qusifty, surface or groundwater quality or quantity, noise levels, existing traffic Patterns, sontl waste Production legi le) or ditcPosal,.
potemlaf for erosion,drainage or flooding proDiems?Explain brNf n
No
C2. AesiheUe agricultural. archaeological, htstono,or other natural or euhurat r*sour*=or community or neighborhood character?Explain briefly:
No-
C3. Vegetation or fauna,fish,shellfish or wildilie speaes,significant habitats, or thraxened or endangered species?Explain briefir.
No
C4. A community's existing plans or goals as offloWly adopted.or a change in use or intanshy of use and or other natural resources?captain Driefty
The proposal is an attempt to be in keeping with the official2Y adopted
C5. Po"Al,Subsequent development,or related s:tivities likely to be Induced by the proposed action? Explain briefly.
NO
CS. Long term,snort term,cumulative,or other effects not identified In C1-05? Explain briefly.
No
C7. Other Impacts (Including changes in use of either quantity or type of energy)? Explain bratty.
No
D. WILL THE PROJECT HAVE AN IMPACTLON THE ENVIRONMENTAL CHARACT_RISTICS THAT CAUSED❑Yes QNo THE ESTAEUSHM'cTIT OF A CEA?
- .
E. Is THERE,OR IS r THERE LIK=,Y TO 9E. CONTROVERSY RELATED TO POTEENTIAL ADVERSE ENVIRONMENTAL IMPACTS?
❑Yes yl No If Yes, explain briefly -
PART III—DETERMINATION OF SIGNIFICANCE (i'o be completed by Agency)
INSTRUCTIONS: For each adverse effect Identified-above,determine whether It Is substantial,large.important or otherwise significant.
Each effect Should be assessed in connection with its (a) setting (i.e.-urban or rural); '(b)probability of occurring; (c) duration, (d)
Irreversibility-, (e)geographic scope; and (f) magnitude. Ifnecessary;add attachments or reference supporting rnaterials. Ensure that
explanations contain sufficient detail to show ihat all relevant adverse Impacts have been identified end adequately addressed. If
question D of Part 11 was checked yes,the determination and significance must evaluate the potential Impact of the proposed action
on the environmental characteristics of the CE,C
❑ Check this box it.you have identified one or more potentially large or significant adverse impacts which MAY
occur. Then proceed directly to the FULL EAF andlor prepare a positive declaration.
y� Check this box if you have determined, based on the information and analysis above and any supporting
r `documentation, that the proposed action WILL NOT result in any significant adverse environmental impacts
AND provide on attachments as necessary, the reasons supporting this determination:
MAIN RnAAn nP TnWN nr 1711IFFNSBURY
Name W Lea.Aeencv
LS�Rnwr a TOWN SUPERVISOR
rrmt eei-a nsrS a otr.cer m Lead Aaencv ime of Responsroro Officer
mina t:,re of icc m Lead Agency oignature or Freparer pr cnrerent mom respahsrdie on¢en
MAY Z4 2001
Date
2