146.2019 Adopt LL 4, 2019 Waterfront Residential Protect Waterbodies
RESOLUTION ADOPTING SEQRA NEGATIVE DECLARATION AND
ENACTING LOCAL LAW NO.: 4, OF 2019 TO AMEND QUEENSBURY
TOWN CODE TO MAKE CERTAIN CHANGES TO WATERFRONT
RESIDENTIAL ZONES TO BETTER PROTECT TOWN WATERBODIES
RESOLUTION NO. 146, 2019
INTRODUCED BY: Mrs. Catherine Atherden
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Anthony Metivier
WHEREAS, the Queensbury Town Board wishes to consider adoption of Local Law No.: 4 of
2019 to amend its Zoning Law to make certain changes to its waterfront residential zones in an effort
to improve its land management practices to better protect the Town’s waterbodies and water quality,
and
WHEREAS, before the Town Board may amend its Zoning Law, 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 Local Law amendments and obtain a recommendation from the Warren County Planning
Department before enacting the legislation, and
WHEREAS, in accordance with General Municipal Law §239-m, the Town duly referred the
proposed Local Law to the Warren County Planning Department which by Project Review and
Referral Form dated April 30, 2019 found that the Project would not create any significant
intermunicipal or countywide impacts to the items identified in General Municipal Law §239, and
WHEREAS, the Town must also obtain approval of the Adirondack Park Agency (APA) 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, by letter dated April 25, 2019, the APA advised that it reviewed and
applauded the Town’s proposed revised Zoning Law amendments, with the exception of a minor
language change the APA requested pertaining to vegetative cutting restrictions, and
WHEREAS, the Town Board concurs with the APA’s proposed minor language change
related to vegetative cutting restrictions and it has been accordingly incorporated into the
proposed amendments, and
WHEREAS, by letter dated May 3, 2019, the APA advised that it accordingly approved
the proposed revised Zoning Law amendments, and
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WHEREAS, the Town Board duly conducted a Public Hearing on Monday, May 6, 2019
concerning proposed Local Law No. 4 of 2019, heard all interested parties and closed the Public
Hearing, and
WHEREAS, the Town Board, as Lead Agency for the environmental review required under
the State Environmental Quality Review Act (SEQRA), has reviewed a Full Environmental
Assessment Form to analyze potential environmental impacts of proposed Local Law No.: 4 of 2019
and found that no significant adverse environmental impacts are expected to result, and
WHEREAS, the Town Board has considered the conditions and circumstances and wishes to
consider adoption of Local Law No.: 4 of 2019 as presented at this meeting, hereinafter referred to as
the “legislation,”
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NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby determines that the proposed
legislation will not have any significant adverse environmental impact and a SEQRA Negative
Declaration is made, and authorizes and directs the Town Clerk and/or Director of Planning, Zoning
and Code Compliance to file and publish a SEQRA Negative Declaration - Notice of Determination of
Non-Significance with respect to the legislation, and
BE IT FURTHER,
RESOLVED, that the Town Board hereby approves and adopts Local Law No.: 4 of 2019 –
A Local Law to Amend Chapter 179 “Zoning” of Queensbury Town Code to Make Certain Changes
to Waterfront Residential Zones to Better Protect Town Waterbodies in substantially the form
presented at this meeting, and
BE IT FURTHER,
RESOLVED, that the Town Board hereby authorizes and directs the Queensbury Town Clerk
to submit approved Local Law No. 4 of 2019 to the New York State Secretary of State for filing, in
accordance with the provisions of the Municipal Home Rule Law, and acknowledges that the Local
Law will take effect immediately upon filing by the Secretary of State, and
BE IT FURTHER,
RESOLVED, that the Town Board hereby authorizes and directs the Town Clerk to send a
copy of this Resolution and a copy of approved Local Law No.: 4 of 2019 to the Town Planning
Board, Town Zoning Board of Appeals, Town Zoning Administrator and Warren County Planning
Department in accordance with §179-15-080(D) of the Town Zoning Law, and
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BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs the Town Clerk, Town
Zoning Administrator and/or Town Counsel to take any other actions necessary to effectuate the intent
and provisions of this Resolution.
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Duly adopted this 6 day of May, 2019, by the following vote:
AYES : Mr. Metivier, Mrs. Atherden, Mr. Ferone, Mr. Strough
NOES : None
ABSENT : Mrs. Switzer
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