139.2011 Set PH LL Brayton & Amend Zoning
RESOLUTION SETTING PUBLIC HEARING ON PROPOSED LOCAL LAW
NO. __ OF 2011 TO REZONE LANDS OF BRAYTON AND AMEND
QUEENSBURY TOWN CODE CHAPTER 179 “ZONING”
RESOLUTION NO.: 139, 2011
INTRODUCED BY: Mr. Tim Brewer
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Anthony Metivier
WHEREAS, the Queensbury Town Board has received a request to change the zoning
designation of parcel 300.16-1-6 located at 237 Fuller Road, Queensbury and currently owned by
Barbara and Joseph Brayton from Moderate Density Residential (MDR) to Land Conservation (LC) –
10 Acres and the Town Board wishes to consider certain changes to the Town’s Zoning Code, as
detailed in drafts of revisions to Chapter 179, “Zoning,” of the Town Code presented at this Town
Board meeting, including a proposed revision to the Town’s Zoning Map associated with the Zoning
Code (collectively, the “proposed zoning revisions”), and
WHEREAS, the Town Board wishes to consider adoption of a Local Law, to be designated
“Local Law No.: ___ of 2011,” to amend Queensbury Town Code Chapter 179 “Zoning,” including a
revision to the Town’s Zoning Map associated with the Zoning Code, in accordance with the proposed
zoning revisions presented at this meeting, and
WHEREAS, in accordance with General Municipal Law §239-m, before enacting the
proposed zoning revisions the Town must first refer them to the Warren County Planning Board for its
recommendations, and
WHEREAS, in order for the Town’s Zoning Code to maintain its status as an approved local
land use plan under Adirondack Park Agency (APA) Act and APA regulations, the Town must obtain
APA approval of the proposed zoning revisions prior to adoption, 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, the proposed zoning revisions must undergo an environmental review pursuant to
the State Environmental Quality Review Act (SEQRA) prior to adoption and enactment, and
WHEREAS, the Town Board wishes to be Lead Agency for the required SEQRA
environmental review and has 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;
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby authorizes and directs the Town Clerk
to forward a copy of the proposed zoning revisions, together with a copy of the completed Part 1 of
the Full EAF, to the Warren County Planning Board for its review and recommendations, and
BE IT FURTHER,
RESOLVED, that the Town Board hereby directs the Town Clerk to formally submit the
proposed zoning revisions, together with a copy of the completed Part 1 of the Full EAF, to the
Adirondack Park Agency for review and approval in accordance with Article 27 of the Executive Law,
§807, and
BE IT FURTHER,
RESOLVED, that the Queensbury Town Board hereby declares its intention to be Lead
Agency for SEQRA review of the proposed zoning revisions and directs the Town Clerk to send a
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copy of the proposed zoning revisions, together with a copy of the completed Part 1 of the Full EAF,
and a certified copy of this Resolution stating the Town Board’s intention to be Lead Agency for
SEQRA review, to the Adirondack Park Agency and any other 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
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Activities Center, 742 Bay Road, Queensbury at 7:00 p.m. on Monday, April 18, 2011 to hear all
interested persons concerning the proposed revisions to the Town’s Zoning Code and enactment of
Local Law No.: ___ of 2011 to Amend Queensbury Town Code Chapter 179 “Zoning,” 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 web site and bulletin board at least 10 days before the date of the Public
Hearing, and
BE IT FURTHER,
RESOLVED, that the Town Board authorizes and directs the Town Clerk to send copies of
the Notice of Public Hearing, together with copies of the proposed zoning revisions, if required, to any
public officials, agencies or municipalities, in accordance with any applicable State Laws or Town
Code provisions, and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs the Town Clerk to make a
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copy of the proposed zoning revisions (including a proposed revision to the Town’s Zoning Map
associated with the Zoning Code) available for public inspection during regular business hours of the
Clerk’s office, and
BE IT FURTHER,
RESOLVED, that the Town Board authorizes and directs the Town Supervisor, Town Clerk
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 2011.
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Duly adopted this 4 day of April, 2011, by the following vote:
AYES: Mr. Stec, Mr. Metivier, Mr. Montesi, Mr. Strough, Mr. Brewer
NOES: None
ABSENT: None
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