357.2011 Higley & Seeley Zoning RESOLUTION ADOPTING SEQRA NEGATIVE DECLARATION AND
AMENDING ZONING LAW TO CHANGE CLASSIFICATION OF
PROPERTIES OWNED BY GARY AND SUSAN HIGLEY AND CHARLES
AND BARBARA SEELEY FROM MODERATE DENSITY RESIDENTIAL
(MDR) TO COMMERCIAL INTENSIVE (CI) AND ENACTING LOCAL
LAW NO.: 7 OF 2011 TO AMEND QUEENSBURY TOWN CODE
CHAPTER 179 "ZONING"
RESOLUTION NO. 357,2011
INTRODUCED BY: Mr. John Strough WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Ronald Montesi
WHEREAS, the Queensbury Town Board is considering a request by Gary and Susan
Higley and Charles and Barbara Seeley to amend the Town Zoning Ordinance and Map to rezone
properties bearing Tax Map No.'s: 302.7-1-46, 47 and 50 and located south of Quaker Road and
east of Glenwood Avenue, Queensbury from Medium Density Residential (MDR) to Commercial
Intensive (HC-INT), and
WHEREAS, the Town Board wishes to consider adoption of Local Law No.: 7 of 2011 to
amend Queensbury Town Code Chapter 179 by amending the official Town Zoning Ordinance and
Map to reflect such proposed rezoning, and
WHEREAS, before the Town Board may amend, supplement, change, or modify its
Ordinance and Map, it must hold a public hearing in accordance with the provisions of Town Law
§265, the Municipal Home Rule Law and the Town of Queensbury Zoning Laws, and
WHEREAS, on or about December 14th, 2011 the Warren County Planning Board
considered the proposed rezoning and determined that there would be no County impact, and
WHEREAS, the Town Board duly conducted public hearings on Monday, November 21St
and December 19th 2011, heard all interested parties and closed the public hearing concerning the
proposed rezoning and
WHEREAS, as SEQRA Lead Agency, the Town Board has reviewed a Full Environmental
Assessment Form to analyze potential environmental impacts of the proposed rezoning, and
WHEREAS, the Town Board has considered the conditions and circumstances of the area
affected by the rezoning, and
WHEREAS, the Town Board wishes to consider adoption of Local Law No.: 7 of 2011 to
amend Queensbury Town Code Chapter 179 by amending the official Town Zoning Map to reflect
the rezoning as presented at this meeting, hereinafter referred to as the"legislation,"
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby determines that the proposed
rezoning will not have any significant adverse environmental impact and a SEQRA Negative
Declaration is made, and the Town Clerk and/or Senior Planner are authorized and directed to file
and publish a SEQRA Negative Declaration - Notice of Determination of Non-Significance with
respect to the Project, and
BE IT FURTHER,
RESOLVED, that the Town Board hereby amends the Town of Queensbury Zoning Law
and Map to rezone properties bearing Tax Map No.'s: 302.7-1-46, 47 and 50 owned by Gary
and Susan Higley and Charles and Barbara Seeley located south of Quaker Road and east of
Glenwood Avenue, Queensbury from Moderate Density Residential (MDR) to Commercial
Intensive (CI), and
BE IT FURTHER,
RESOLVED, that the Town Board hereby adopts Local Law No.: 7 of 2011 to amend the
Queensbury Town Code by amending the official Town Zoning Map to reflect such change of zone
as 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,
RESOLVED, that this Resolution shall take effect immediately.
Duly adopted this 19th day of December, 2011, by the following vote:
AYES Mr. Montesi, Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Metivier
NOES None
ABSENT : None