155.2006
RESOLUTION ENACTING LOCAL LAW NO.: 3 OF 2006 TO AMEND
QUEENSBURY TOWN CODE CHAPTER 179, “ZONING” ARTICLE 16
ENTITLED, "ADMINISTRATION" CONCERNING ALTERNATE
MEMBER POSITIONS OF TOWN PLANNING BOARD AND
TOWN ZONING BOARD OF APPEALS
RESOLUTION NO. 155, 2006
INTRODUCED BY: Mr. John Strough
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Roger Boor
WHEREAS, by Resolution No.: 67,2000, the Queensbury Town Board enacted Local Law
No. 1 of 2000 which Local Law created alternate member positions for the Planning Board and Zoning
Board of Appeals so that an alternate member may substitute for a regular member in the event of a
conflict of interest or other factor such as illness, vacation or other absences, and
WHEREAS, such legislation was authorized in accordance with New York State Municipal
§
Home Rule Law §10 and was specifically intended to supersede the provisions of Town Law 267(11)
§
and 271(15) that restrict substitution of alternate members of Zoning Boards of Appeal and Planning
Boards to instances of conflict of interest, and
WHEREAS, the Town Clerk advised that such Local Law was duly filed with the New York
State Secretary of State in accordance with the provisions of the Municipal Home Rule Law and that
by such filing, the Local Law took effect immediately, and
WHEREAS, the Town Clerk further advised that such Local Law No. 1 of 2000 was
inadvertently omitted from the Queensbury Town Code when the current Zoning Law was adopted,
and
WHEREAS, the Town Board wishes to reaffirm such Local Law No. 1 of 2000, but to do so,
the Town Board must adopt a new Local Law, and
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WHEREAS, the Town Board therefore scheduled a public hearing concerning adoption of
Local Law No.: 3 of 2006 to amend Queensbury Town Code Chapter 179, Article 16 entitled,
“Administration,” which Local Law would reaffirm and readopt a Local Law to create alternate
member positions for the Planning Board and Zoning Board of Appeals, and
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WHEREAS, the Town Board duly held a public hearing on March 20, 2006 and heard all
interested persons concerning the proposed adoption of Local Law No.: 3 of 2006 as presented at this
meeting,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby enacts Local Law No.: 3 of 2006 to
amend Queensbury Town Code Chapter 179, Article 16 entitled, “Administration,” which Local Law
reaffirms and readopts a Local Law to create alternate member positions for the Planning Board and
Zoning Board of Appeals, and
BE IT FURTHER,
RESOLVED, that the Town Board hereby authorizes and directs the Queensbury Town Clerk
to file the Local Law with the New York State Secretary of State in accordance with the provisions of
the Municipal Home Rule Law and acknowledges that the Local Law will take effect immediately
upon filing with the Secretary of State.
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Duly adopted this 20 day of March, 2006, by the following vote:
AYES : Mr. Sanford, Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Boor
NOES : None
ABSENT:None
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