095.2011 Amend Zoning
RESOLUTION ENACTING LOCAL LAW NO. 2 OF 2011 TO AMEND
QUEENSBURY TOWN CODE CHAPTER 179 “ZONING”
RESOLUTION NO. 95, 2011
INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION
SECONDED BY: Mr. John Strough
WHEREAS, the Queensbury Town Board has proposed certain changes to the Town’s Zoning
Code, as detailed in drafts of revisions to Chapter 179, “Zoning,” of the Town Code previously
reviewed by the Town Board, including proposed revisions to the Town’s Zoning Map and the Area
and Use tables associated with the Zoning Code (collectively, the “proposed zoning revisions”), and
WHEREAS, the Town Board wishes to consider adoption of a Local Law, previously
distributed and in the form attached, to be designated “Local Law No.: 2 of 2011,” to amend
Queensbury Town Code Chapter 179 “Zoning,” including revisions to the Town’s Zoning Map and
the Area and Use tables associated with the Zoning Code, in accordance with the proposed zoning
revisions, and
WHEREAS, such proposed legislation is authorized in accordance with New York State
Municipal Home Rule Law §10 and Town Law Article 16, and
WHEREAS, the proposed zoning revisions comply with the requirements of §807 of the APA
Act and 9 NYCRR Part 582 of APA regulations, and
WHEREAS, on December 20, 2010, by Resolution No.: 416, 2010, the Town Board declared
itself Lead Agency for the required SEQRA environmental review for the proposed zoning revisions
and prepared Part 1 of a Full Environmental Assessment Form (EAF) for use in the environmental
review, and
WHEREAS, Municipal Home Rule Law §20 requires the Town Board to hold a public
hearing prior to the adoption of any Local Law and the Town Board duly held a Public Hearing on
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Monday, January 24, 2011 concerning proposed Local Law 2 of 2011 and heard all interested
persons, and
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WHEREAS, by Resolution No.: 52, 2011, on January 24, 2011 the Town Board, as SEQRA
Lead Agency, reviewed the Full Environmental Assessment Form to analyze potential environmental
impacts of proposed Local Law 2 of 2011, determined that it would not have any significant adverse
impact on the environment and declared and authorized the filing of a SEQRA Negative Declaration,
and
WHEREAS, in accordance with General Municipal Law §239-m, the Town duly referred the
proposed revised Zoning Code, Map and Tables to the Warren County Planning Board, which has not
provided a report or recommendation about them, and more than thirty days have elapsed since the
Town’s referral to the Warren County Planning Board, and
WHEREAS, the Adirondack Park Agency has approved the proposed revised Zoning Code,
Map, and Tables, and
WHEREAS, the proposed Local Law is in a form approved by Town Counsel,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby enacts proposed Local Law No.: 2 of
2011 to amend Queensbury Town Code Chapter 179 entitled “Zoning”, 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
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the Municipal Home Rule Law and acknowledges that the Local Law will take effect as provided by
law, and
BE IT FURTHER,
RESOLVED, that all applications requiring the review and approval of the Town of
Queensbury’s Zoning Administrator which are received and deemed complete prior to the effective
date of this Local Law shall be reviewed under the zoning regulations applicable at the time of such
applications, and all applications requiring the review and approval of the Zoning Administrator
received after the effective date of this new Local Law No.: 2 of 2011 shall be reviewed according to
the zoning requirements established by this Local Law, and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs the Town Clerk and/or
Senior Planner and/or Town Counsel to take any and all action necessary to effectuate all terms of this
Resolution.
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Duly adopted this 28 day of February, 2011, by the following vote:
AYES : Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Metivier
NOES : None
ABSENT: Mr. Montesi
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