197.2011 Zoning-Brayton
RESOLUTION ENACTING LOCAL LAW NO. 4 OF 2011 TO AMEND
QUEENSBURY TOWN CODE CHAPTER 179 “ZONING” AND TO REZONE
LANDS OF BRAYTON
RESOLUTION NO. 197, 2011
INTRODUCED BY: Mr. Tim Brewer
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. John Strough
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.: 4 of 2011,” to amend Queensbury Town Code Chapter 179 “Zoning,” including a
revision to the Town’s Zoning Map associated with the Zoning Code, to revise §179-5-040(D) to
specify that within the RR, PR and LOC Districts, large farm animals such as cows, horses and swine
may be kept provided that there is a minimum of 10 acres rather than 25 acres, 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, such proposed legislation is authorized in accordance with New York State
Municipal Home Rule Law §10 and Town Law Article 16, and
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WHEREAS, on April 4, 2011, by Resolution No.: 139, 2011, 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, April 18, 2011 concerning proposed Local Law 4 of 2011 and heard all interested persons,
and
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WHEREAS, on April 18, 2011, by Resolution No.: 150, 2011, the Town Board, as SEQRA
Lead Agency, reviewed the Full Environmental Assessment Form to analyze potential environmental
impacts of proposed Local Law 4 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 revisions 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
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provisions, 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 amends the Town of Queensbury
Zoning Law and Map 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 adopts Local Law No.: 4 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
BE IT FURTHER,
RESOLVED, that the Town Board hereby authorizes and directs the Queensbury Town Clerk
to file the Local Law and the official Town Zoning Map, as amended, 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 upon such filing, 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 and Zoning Map to the Town Planning
Board, Town Zoning Board of Appeals, Town Zoning Administrator and Warren County Planning
Board in accordance with §179-15-080(D) of the Town Zoning Law, and
BE IT FURTHER,
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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.: 4 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 6 day of June, 2011, by the following vote:
AYES : Mr. Metivier, Mr. Montesi, Mr. Strough, Mr. Brewer, Mr. Stec
NOES : None
ABSENT: None
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