273.2018 Setting PH - Proposed LL 0f 2018 to Amend Code - Commercial Sand-Gravel-Topsoil Extraction RESOLUTION SETTING PUBLIC HEARING ON PROPOSED LOCAL LAW
NO. _OF 2018 TO AMEND QUEENSBURY TOWN CODE AND TOWN
ZONING MAP TO ADD COMMERCIAL SAND, GRAVEL AND TOPSOIL
EXTRACTION TO RURAL RESIDENTIAL AND
HEAVY INDUSTRIAL ZONES
RESOLUTION NO.: 273,2018
INTRODUCED BY: Mr.Anthony Metivier
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. George Ferone
WHEREAS, by Resolution No.: 254,2014, the Queensbury Town Board enacted Local Law
No.: 2 of 2014 amending Chapter 179, entitled "Zoning," which, among other things, amended
language and requirements in various locations and made revisions to the Town Zoning Map, including
adding commercial sand, gravel and topsoil extraction as an allowed use in the Rural Residential (RR)
and Heavy Industrial (HI) Zones to the Use Table with a footnote limiting such use in the RR zone to
parcel sites of twenty-five (25) acres or greater, but the language was not added to the text itself in
Chapter 179-10, and
WHEREAS, by Resolution No.: 241,2014, the Town Board determined that such proposed
changes to the Town Code and the Town Zoning Map would not result in any large or important
detrimental impacts and would not have a significant adverse impact on the environment, and
therefore declared a Negative Declaration under the New York State Environmental Quality
Review Act (SEQRA) and authorized the filing of a SEQRA Negative Declaration - Notice of
Determination of Non-Significance for the action, and
WHEREAS, the Town Board wishes to consider adoption of Local Law No.: of 2018 to
amend its Zoning Law and Map to clarify that commercial sand, gravel and topsoil extraction is an
allowed use in the RR and HI Zones, with such use in the RR Zone to be limited to parcel sites of
twenty-five (25) acres or greater, and
WHEREAS, before the Town Board may amend its Zoning Law 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 Law, and
WHEREAS, in accordance with General Municipal Law §239-m, the Town must first refer the
proposed Zoning Law amendments and obtain a recommendation from the Warren County Planning
Department before enacting the legislation, and
WHEREAS, the Town must also obtain approval of the Adirondack Park Agency for the
proposed Zoning Law amendments prior to adoption, and
WHEREAS, the Town of Queensbury amendments comply with and are in furtherance of
approval standards contained in §807 of the Adirondack Park Agency Act and 9 NYCRR Part 582 of
Agency regulations, and
WHEREAS, the Town Board wishes to set a Public Hearing concerning adoption of this Local
Law,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board formally authorizes and directs the Town
Clerk or Town Director of Planning, Zoning and Code Compliance to forward copies of the proposed
Zoning Law Amendments and proposed revised Zoning Map to the Adirondack Park Agency for its
review and approval in accordance with Article 27 of the Executive Law, §807, and
BE IT FURTHER,
RESOLVED, that the Town Board hereby authorizes and directs the Town Clerk or Director
of Planning, Zoning and Code Enforcement to forward copies of the proposed Zoning Law
Amendments and proposed revised Zoning Map to the Warren County Planning Department for its
review and recommendation, and
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BE IT FURTHER
RESOLVED, that the Queensbury Town Board shall meet and hold a Public Hearing at the
Queensbury Activities Center, 742 Bay Road, Queensbury at 7:00 p.m. on Monday, August 6t'', 2018
to hear all interested persons concerning proposed Local Law No.: of 2018 which provides for
certain amendments of the Town of Queensbury's Zoning Law and Zoning Map, and
BE IT FURTHER,
RESOLVED, that the Town Board hereby authorizes and directs the Town Clerk to provide
the public with at least 10 days' prior notice of the Public Hearing by causing a Notice of Public
Hearing to be timely published in the Town's official newspaper and by posting the Notice of Public
Hearing on the Town's website and public bulletin board at least 10 days before the date of the Public
Hearing, and
BE IT FURTHER
RESOLVED, that the Town Board hereby authorizes and directs the Town Clerk to send the
Notice of Public Hearing, together with copies of the proposed Local Law if necessary, to any public
officials, agencies, municipalities or individuals, in accordance with New York State Town Law §265
and any other applicable State Laws or Town Code provisions, and
BE IT FURTHER
RESOLVED, that the Town Board hereby authorizes and directs the Town Clerk and/or
Town Director of Planning, Zoning and Code Compliance to take such other actions and give such
other notices as may be necessary in preparation for the Public Hearing and for the Town Board to
lawfully adopt proposed Local Law No.: of 2018.
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Duly adopted this 16t'day of July, 2018,by the following vote:
AYES Mrs. Atherden, Mr. Ferone, Mrs. Switzer, Mr. Strough, Mr. Metivier
NOES None
ABSENT: None
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