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159.2010 PH LL Chapter 179 RESOLUTION SETTING PUBLIC HEARING ON PROPOSED LOCAL LAW NO. __ OF 2010 TO AMEND QUEENSBURY TOWN CODE CHAPTER 179 “ZONING” §179-3-040(B)(1)(a) and §179-3-040(C)(1)(a) RESOLUTION NO.: 159, 2010 INTRODUCED BY: Mr. Ronald Montesi WHO MOVED ITS ADOPTION SECONDED BY: Mr. Tim Brewer WHEREAS, the Queensbury Town Board wishes to amend the Queensbury Town Code in the following Town Code sections: §179-3-040(B)(1)(a) A. to specify that food service establishments should be listed as a use permitted by site plan review in the Enclosed Shopping Center (ESC) zoning district; and §179-3-040(C)(1)(a) B. to specify that health-related facilities should be listed as a use permitted by site plan review in the Commercial-Light Industrial (CLI) zoning district; and WHEREAS, the Town Board wishes to consider adoption of Local Law No.: ___ of 2010 to accordingly amend Queensbury Town Code Chapter 179 “Zoning” §179-3-040(B)(1)(A) and §179- 3-040(C)(1)(a) as presented at this meeting, and WHEREAS, in accordance with General Municipal Law §239-m, before enacting the legislation the Town must first refer the proposed Local Law and obtain a recommendation from the Warren County Planning Board, 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 hereby authorizes and directs the Town Clerk or Senior Planner to forward a copy of the proposed Local Law to Amend Queensbury Town Code Chapter 179 “Zoning” §179-3-040(B)(1)(A) and §179-3-040(C)(1)(a) to the Warren County Planning Board for its review, approval and/or recommendation, and BE IT FURTHER, RESOLVED, that the Town Board hereby declares its intention to be designated Lead Agency for SEQRA review of the proposed Local Law and directs the Town Clerk or Senior Planner to send copies of the proposed Local Law, Long Environmental Assessment Form, and a certified copy of this Resolution stating the Town Board’s intention to be Lead Agency for SEQRA review, to any Involved Agencies as required by law, and BE IT FURTHER RESOLVED, that the Town Board shall meet and hold a Public Hearing at the Queensbury th Activities Center, 742 Bay Road, Queensbury at 7:00 p.m. on Monday, April 19, 2010 to hear all interested persons concerning proposed Local Law No.: ___ of 2010 to Amend Queensbury Town Code Chapter 179 “Zoning” §179-3-040(B)(1)(a) and §179-3-040(C)(1)(a), 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 bulletin board at least 10 days before the date of the Public Hearing, and 2 BE IT FURTHER RESOLVED, that the Town Board further 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 or municipalities, 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 further authorizes and directs the Town Clerk, Town Supervisor, Senior Planner and/or Town Counsel to take such other actions and give such other notice as may be necessary in preparation for the Town Board to lawfully adopt proposed Local Law No.___ of 2010. th Duly adopted this 5 day of April, 2010, by the following vote: AYES : Mr. Metivier, Mr. Montesi, Mr. Brewer, Mr. Stec NOES : Mr. Strough ABSENT: None 3