138.2010 LL 3 2010 Zoning 179-3-040_B__2__a__1
RESOLUTION ENACTING LOCAL LAW NO.: 3 OF 2010
TO AMEND QUEENSBURY TOWN CODE
CHAPTER 179 “ZONING” §179-3-040(B)(2)(a)[1]
RESOLUTION NO.: 138, 2010
INTRODUCED BY: Mr. Ronald Montesi
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Anthony Metivier
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WHEREAS, at its February 8, 2010 Workshop Meeting, the Queensbury Town Board
discussed changing Queensbury Town Code §179-3-040(B)(2)(a)[1] to specify that residential
development in office zoning districts should not be within three-hundred feet (300’) of Bay Road
and West Mountain Road instead of all arterial roads, and
WHEREAS, the Town Board instructed the Senior Planner to draft the necessary zoning
language to effect such proposed change, and
WHEREAS, the Town Board has caused the draft revisions to be put into the form of
proposed Local Law No. 3 of 2010, and
WHEREAS, the Town Board wishes to consider adoption of Local Law No.: 3 of 2010 to
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Amend Queensbury Town Code Chapter 179 “Zoning” §179-3-040(B)(2)(a)[1] and
WHEREAS, in accordance with General Municipal Law §239-m, before enacting the
legislation the Town must first refer the proposed revised Zoning Code and obtain a recommendation
from the Warren County Planning Board, and
WHEREAS, the Town Board is duly qualified to act as lead agency and accepts lead agency
status for compliance with the State Environmental Quality Review Act (SEQRA) which requires
environmental review of certain actions undertaken by local governments, and
WHEREAS, the proposed action is a Type I action under SEQRA in accordance with §179-
15-060 of the Town Zoning Law, and
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WHEREAS, on or about March 10, 2010 the Warren County Planning Board considered the
proposed Local Law and determined that there would be no County impact, and
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WHEREAS, the Town Board duly held a public hearing on Monday, March 15, 2010 and
heard all interested persons, and
WHEREAS, a copy of the proposed Local Law has been presented at this meeting and is in
form approved by Town Counsel,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board, after considering the proposed action,
reviewing the Full Environmental Assessment Form and thoroughly analyzing the action for potential
environmental concerns, determines that the legislative amendment will not have any significant effect
on the environment, and
BE IT FURTHER,
RESOLVED, that the Town Board hereby authorizes and directs the Town Supervisor to
complete the Full Environmental Assessment Form by checking the box indicating that the proposed
action will not result in any significant adverse environmental impacts, and
BE IT FURTHER,
RESOLVED, that the Town Board approves of a SEQRA Negative Declaration or
determination that no Environmental Impact Statement is necessary and authorizes and directs the
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Town Clerk's Office to file any necessary documents in accordance with the provisions of the SEQRA
regulations of the Department of Environmental Conservation, and
BE IT FURTHER,
RESOLVED, that the Queensbury Town Board hereby enacts Local Law No.: 3 of 2010 to
amend Queensbury Town Code Chapter 179 entitled “Zoning,” §179-3-040(B)(2)(a)[1], as
presented at this meeting, and
BE IT FURTHER,
RESOLVED, that the Town Board hereby authorizes and directs the Queensbury Town Clerk
to send a copy of this Resolution and a copy of the Local Law to the Town Planning Board, Town
Zoning Board of Appeals, Zoning Administrator, County Planning Board and Adirondack Park
Agency in accordance with §179-15-080(D) of the Town Zoning Law; 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 15 day of March, 2010, by the following vote:
AYES: Mr. Stec, Mr. Metivier, Mr. Montesi, Mr. Brewer
NOES: Mr. Strough
ABSENT: None
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