Loading...
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