2.1 2.1
RESOLUTIONSTOCAL LAWSTNACTIVIENT1Chapter 179 Zoning—Rezone CVE North America Parcel From Comm Intens to Light Indus—6-27-22
RESOLUTION ENACTING LOCAL LAW NO.: OF 2022 TO
AMEND CHAPTER 179 "ZONING" OF QUEENSBURY TOWN CODE
TO AMEND ZONING MAP FOR TAX MAP PARCEL NO.: 303.15-1-25.2
AND DESIGNATE TAX MAP PARCEL NO.: 303.11-1-4.1 AS AN
OPEN DEVELOPMENT AREA
RESOLUTION NO.: 12022
INTRODUCED BY:
WHO MOVED ITS ADOPTION
SECONDED BY:
WHEREAS, CVE North America, Inc. (CVE) submitted a zoning change application to the
Queensbury Town Clerk's Office on or about September 30, 2021 to allow for a change of zoning
district designation for a parcel identified as Tax Map No.: 303.15-1-25.2 from Commercial Intensive
(CI)to Commercial Light Industrial(CLI), and
WHEREAS, by the same application, CVE also requested Queensbury Town Board
approval of an open development area for a parcel identified as Tax Map No.: 303.11-1-4.1 as
contemplated under New York State Town Law §280-a(4), and
WHEREAS, the Town Board wishes to adopt Local Law No.: of 2022 entitled,
"A Local Law To Amend Chapter 179 `Zoning' of Queensbury Town Code to Amend
Zoning Map for Tax Map Parcel No.: 303.15-1-25.2 and Designate Tax Map Parcel No.:
303.11-1-4.1 as an Open Development Area,"' and
WHEREAS, before the Town Board may amend the Zoning Code, 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 Code, and
WHEREAS, in accordance with General Municipal Law §239-m, the Town referred the
proposed Zoning Law amendments to the Warren County Planning Department on June 9, 2022 to
obtain a recommendation before enacting the legislation, and
WHEREAS, on or about June 15, 2022 the Warren County Planning Department considered
the proposed Local Law and made a recommendation to approve, and
WHEREAS, the Town Board, by Resolution No.: 389, 2021, referred the application to the
Queensbury Planning Board for SEQRA review and recommendation on the proposed zoning change
in accordance with§179-15-040 of the Town Zoning Ordinance, and
WHEREAS, at their meeting of May 17th, 2022, the Planning Board issued a favorable
recommendation on the proposed zoning change and a SEQRA Negative Declaration, and
WHEREAS, the Queensbury Planning Board reviewed the request for Open Development
Area designation at their June 21', 2022 meeting, as required by New York State Town Law §280-
a(4), and recommended that it be approved, and
WHEREAS, the Town Board duly conducted a Public Hearing concerning adoption of Local
Law No.: of 2022 on June 27, 2022, heard all interested parties and closed the public hearing,
and
WHEREAS, the Town Board has considered the conditions and circumstances of the area
affected by the proposed Local Law, and
WHEREAS, the Town Board wishes to consider adoption of Local Law No.: of 2022 as
presented at this meeting, hereinafter referred to as the"legislation,"
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby adopts Local Law No.: of 2022
entitled, "A Local Law to Amend Chapter 179, `Zoning' of Queensbury Town Code to Amend
Zoning Map for Tax Map Parcel No.: 303.15-1-25.2 and Designate Tax Map Parcel No.:
303.11-1-4.1 as an Open Development Area," in substantially the form presented at this meeting,
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 approved Local Law No.: of 2022 to
the Town Planning Board, Town Zoning Board of Appeals, Town Zoning Administrator and Warren
County Planning Department in accordance with§179-15-080(D) of the Town Zoning Law, and
BE IT FURTHER,
RESOLVED, that the Town Board hereby authorizes and directs the Town Clerk to submit
approved Local Law No.: of 2022 to the New York State Secretary of State for filing, in
accordance with the provisions of the Municipal Home Rule Law and acknowledges that the Local
Law will take effect immediately upon filing by the Secretary of State, and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs the Town Clerk, Town
Zoning Administrator, Senior Planner and/or Town Counsel to take any other actions necessary to
effectuate the intent and provisions of this Resolution.
Duly adopted this 27t'day of June, 2022,by the following vote:
AYES:
NOES:
ABSENT:
LOCAL LAWS\Cliapter 179—Zoning—Amend Zoning Code Map CVE NA—Commercial Intensive to Light Industrial—627-2022
LOCAL LAW NO.:— OF 2022
A LOCAL LAW TO AMEND CHAPTER 179 "ZONING" OF QUEENSBURY
TOWN CODE TO AMEND ZONING MAP FOR TAX MAP PARCEL NO.:
303.15-1-25.2 AND DESIGNATE TAX MAP PARCEL NO.: 303.11-1-4.1
AS AN OPEN DEVELOPMENT AREA
BE IT ENACTED BY THE TOWN BOARD OF THE TOWN OF QUEENSBURYAS
FOLLOWS.-
SECTION 1. Queensbury Town Code Chapter 179, "Zoning," is hereby amended by
amending the official Town Zoning Map to reflect a change of zoning district designation of the
parcel identified as Tax Map No.: 303.15-1-25.2, located on the north end of Quaker Ridge
Boulevard from Commercial Intensive to Commercial Light Industrial.
SECTION 2. The Map appended to this Local Law is hereby adopted as the official Town
I
Zoning Map of the Town of Queensbury and supersedes the previously adopted Town Zoning Map.
SECTION 3. The parcel identified as Tax Map No.: 303.1.1-1-4.1 is designated as an Open
Development Area pursuant to NYS Town Law §280-a.
SECTION 3. The invalidity of any clause, sentence, paragraph or provision of this Local
Law shall not invalidate any other clause, sentence,paragraph or part thereof.
SECTION 4. All Local Laws or ordinances or parts of Local Laws or ordinances in
conflict with any part of this Local Law are hereby repealed.
SECTION 5. This Local Law shall take effect immediately upon filing in the Office of the
New York Secretary of State as provided in New York Municipal Home Rule Law §27.
Note: Language in bold italics is new language to be added;
Language with line drawn through is old language to be deleted.
Forest Lnterprises
Proposed Rezoning Cl to CLI �{� �V � � '
and Proposed Open Development
Area Designation
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0 300 600
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Map Produced by TOOGIS:6/2022
CLI
r? Proposed Open Development Area
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OWNER.WARREk� LINTY I'i
SBL:,303.11�1�4.1
OWNER:FOREST EL NTERPRIS�ES M� qM j
Parcel proposed to be
rezoned from Cl to CLI
SBL: 303.15-1-25.2 _
OWNER: FOREST ENTERPRISES MGMT _- ,SBL
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SBL:.303.154: 9
OWNER.NA L7PROPERTIES �r '
SBL:303.15-1-21
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Reviewed by Department on Wednesday, June 15, 2022
Warren County Planning Department Jun2022-33
Project Review and Referral Form
Project Name: Town of Queensbury-389
Owner: Town of Queensbury s
ID Number: QBY-22-LL
County Project#: iun2022-33
Current Zoning:
Community: Queensbury
Project Description;
Applicant proposes resolution authorizing Town Clerk to submit CVE North America, lnc's petition for change of zone.
Site Location:
Tax Map Numbers:
County Planning Recommendation:
Approve
Informal Staff Comments:
Local actions to date(if any):
Local Action/Filial Disposition:
6/15/2022
Warren County,Planning Department Date Signed . Local Official Date Signed
r
PLEASE RETURN THIS FORM TO THE WARREN COUNTY PLANNING DEPARTMENT WITHIN 10 DAYS OF FINAL ACTION
w
Town of Queensbury
Community Development Office
742 Bay Road, Queensbury, NY 12804
Town of Queensbury Planning Board
RESOLUTION-Planning Board Recommendation to the Town Board for Zoning Change
Change Zoning from Commercial Intensive to Commercial Light Industrial
SITE PLAN 66-2021, FRESHWATER WETANDS 3-2021, & SPECIAL
USE PERMIT 4-2021 CVE NORTH AMERICA, INC.
Tax Map ID: 303.11-1-4.1, 303.15-1-25.2, 303.11-1-5 /Address: 53 Quaker Ridge Blvd/East
County Line Road/Zoning: CLI, CI
WHEREAS, the applicant proposes a solar farm on site 303.11-1-4.1, with access by right of way through
parcel 303.15-1-25.2. The project will include over 13,000 panels on a 30 plus acre portion of the site. The
project work includes panel placement, drive areas, equipment boxes and stormwater management. The project
involves a petition of zone change for parcel 303.15-1-25.2 from CI to CLI. Project subject to site plan, special
use permit and freshwater wetlands permit. Pursuant to Chapter 179-15-050, Town Board referred to the
Planning Board to review for SEQR and recommendation. Site plan, special use permit, and freshwater
wetlands review after the Town Board completes Petition of Zone change.
WHEREAS, the Town of Queensbury Town Board is proposing a zoning change from Commercial Intensive to
Commercial Light Industrial. The Town Board referred this proposed change to the Planning Board for an
advisory recommendation pursuant to Section 179-15-020, resolution 389, 2021/dated December 6,2021;
MOTION FOR RECOMMENDATION TO THE TOWN BOARD AS FAVORABLE FOR ZONING
CHANGE FROM COMMERCIAL INTENSIVE TO COMMERCIAL LIGHT INDUSTRIAL;
The Planning Board based on limited review has not identified any significant adverse impacts that cannot be
mitigated with this proposal.
Introduced by Michael Dixon who moved for its adoption.
Motion seconded by Warren Longacker. Duly adopted this 17`h day of May 2022 by the following vote:
AYES: Mr. Dixon, Mr. Longacker,Mr. Molloy, Mr. Magowan, Mr. LaSarso, Mr. Deeb,Mr. Traver
NOES: NONE
Phone: 518.761.8220 I Fax: 518.745,4437 (742 Bay Road,Queensbury,NY 128041 www.gtieensbury.net
Town of Queensbury
Community Development Office
742 Bay Road, Queensbury, NY 12804
Town of Queensbury Planning Board
SEQR RESOLUTION—Grant Negative Declaration
SITE PLAN 66-2021, FRESHWATER WETLANDS PERMIT 3-2021, & SPECIAL
USE PERMIT 4-2021 CVE NORTH AMERICA, INC.
Tax Map ID: 303.111-4.1, 303.15-1-25.2, 303.11-1-5 /Property Address: 53 Quaker
Ridge Blvd/East County Line Road/Zoning: CLI,,CI
The applicant proposes a solar farm on site 303.11-1-4.1, with access by right of way through parcel 303.15-1-
25.2. The project will include over 13,000 panels on a 30 plus acre portion of the site. The project work includes
panel placement, drive areas, equipment boxes and stormwater management. The project involves a petition of
zone change for parcel 303.15-1-25.2 from CI to CLI. Project subject to site plan, special use permit and
freshwater wetlands permit. Pursuant to Chapter 179-15-050, Town Board referred to the Planning Board to
review for SEQR and recommendation. Site plan, special use pen-nit, and freshwater wetlands review after the
Town Board completes Petition of Zone change.
The Planning Board has determined that the proposed project and Planning Board action is subject to review
under the State.Environmental Quality Review Act;
The proposed action considered by this Board is Unlisted in the Department of Environmental Conservation
Regulations implementing the State Environmental Quality Review Act and the regulations of the Town of
Queensbury;
No Federal or other agencies are involved;
Part 1 of the Long EAF has been completed by the applicant;
Upon review of the information recorded on this EAF, it is the conclusion of the Town of Queensbury Planning
Board as lead agency that this project will result in no significant adverse impacts on the environment, and,
therefore, an environmental impact statement need not be prepared. Accordingly, this negative declaration is
issued.
MOTION TO GRANT A NEGATIVE DECLARATION FOR SITE PLAN 66-2021, FRESHWATER
WETLANDS PERMIT 3-2021, & SPECIAL USE PERMIT 4-2021 CVE NORTH AMERICA, INC.
Introduced by Michael Dixon who moved for its adoption.
As per the resolution prepared by staff.
1. Part II of the Long EAF has been reviewed and completed by the Planning Board;
2. Part III of the Long EAF completed noting with impact on flora and fauna to be identified in Part III,
with a small impacted identified as potential impact the protected bat population. Applicant will provide
mitigating measures after work plan has been submitted and reviewed by U.S. Fish and Wildlife.
Motion second by Jackson LaSarso. Duly adopted this 17'h day of May 2022 by the following vote:
AYES: Mr. Deeb, Mr. Dixon, Mr. Longacker, Mr. Molloy, Mr. Magowan, Mr. LaSarso,Mr. Traver
NOES: NONE
Phone: 518.761.8220 I Fax: 518.745A4371 742 Bay Road,Queensbury,NY 128041 www.queensbury.net
Town of Queensbury
Community Development Office
742 Bay Road, Queensbury, NY 12804
Town of Queensbury Planning Board
RESOLUTION—Reaffirm Positive Recommendation to Town Board to Include 280a
SITE PLAN 66-202 1, FRESHWATER WETLANDS 3-2021 & SPECIAL
USE PERMIT 4-2021 CVE NORTH AMERICA, INC.
Tax Mao. ID: 296.17-1-42, 296.13-1-17.2/Property Address: 919 &925 State Route 9/Zoning: Cl
The applicant proposes a solar farm on site 303.11-1-4.1, with access by right of way through parcel 303.15-1-
25.2. The project work includes panel placement, drive areas, equipment boxes and stormwater management.
The project involves a petition of zone change for parcel 303.15-1-25.2 from CI to CLI. The project is subject to
site plan, special use permit and freshwater wetlands permit. Pursuant to Chapter 179-15-050, Town Board
referred to the Planning Board to review for SEQR and recommendation.
Upon review of the information recorded on the application and the EAF, it is the conclusion of the Town of
Queensbury Planning Board as lead agency reaffirms that this project will result in no significant adverse
impacts on the environment, and, in regards to 280a, access is acceptable,therefore;
MOTION TO REAFFIRM POSITIVE RECOMMENDATION TO TOWN BOARD TO INCLUDE 280a
FOR SITE PLAN 66-2021, FRESHWATER WETLANDS 3-2021 & SPECIAL USE PERMIT 4-2021
CVE NORTH AMERICA, INC. Introduced by Michael Dixon who moved for its adoption, seconded by
Brady Stark;
Duly adopted this 2 1"day of June 2022 by the following vote:
AYES: Mr. Longacker, Mr. Stark, Mr. Magowan, Mr. LaSarso, Mr. Deeb, Mr. Dixon,Mr. Traver
NOES: NONE
ABSENT: Mr. Molloy
Phone: 518.761.8220 1 Fax: 518.745.4437 1742 Bay Road,Queensbury,NY 128041 www.queensbury.net
::As:of...06/07/2022 10:43AM, the Laws database is current through 2022
Chapters 1-214
Town: :.
Permits for buildings not on improved mapped streets. 1. No
: :permit!•for• the erection of any building shall be issued unless a street
_, :or�:highway; giving access- to such proposed structure has been duly placed
on;i:the official 'map or plan, or if there be no official map or plan,
: ;,;:i unles,s; such street or highway is (a) an existing state, county or town
:: g y. O P P PP Y planning
• hi"hwa. , .or b a street shown upon a plat approved b the lannin
board;'as::provided in sections two hundred seventy-six and two hundred
seventY=seven 'of this article, as in effect at the time such plat was
: ':approved, or (c) a street on a plat duly filed and recorded in the
_:`.:office: of the county clerk or register prior to the appointment of such
;planning board and the grant to such board of the power to approve
plats::
'2...:,. ,.Before., such permit shall be issued such street or highway shall
ve.been 'suitably improved to the satisfaction of the town board or
planning board, if empowered by the town board in accordance with
:;.'.starWa'rds and specifications approved by the town board, as adequate in
respect to the public health, safety and general welfare for the special
circumstances of the particular street or highway.
.Alternatively, and in the discretion of such board, a performance bond
. . sufficient; to cover the full cost of such improvement as estimated by
:`. su.Ch;,baard shall be furnished to the town by the owner. Such
:p'e`rformance bond shall be issued by a bonding or surety company approved
:,";byj4the town board or by the owner with security acceptable to the town
i., : :board,i and shall also be approved by such town board as to form,
::;1"!•_:sufficiency and manner of execution. The term, manner of modification
landimethod of enforcement of such bond shall be determined by the
``app'roppiate board in substantial conformity with section two hundred
seventy-seven of this article.
3:':The applicant for such a permit may appeal from the decision of the
a`dmini-strative officer having charge of the issue of permits to the
:boardiof appeals or other .similar board, in any town which has
"estabashed a,-,board having the power to make variances or exceptions in
: :zoning., : regulations. for: (a) an exception if the circumstances of the
case=:do`:not require the structure to be related to existing or proposed
.,;ji..;street's' or highways, and/or (b) an area variance pursuant to section two
;`i;�,hQalred;; sixty-seven-b of this chapter, and the same provisions are
' eby applied to such appeals and to such board as are provided in
itierr
cases :.of •. appeals on •zoning regulations. The board may in passing on
such appeal -make any reasonable exception and issue the permit subject
to;lconditions ,that will protect any future street or highway layout. Any
suohdecision shall be subject to review by certiorari order issued out'
of �aiispecial term of the. supreme court in the same manner and pursuant
ta? ;the; .:same provisions as in appeals from the decisions of'such board
'iI. upgni°zoning •regulations..
•. „� ,. � Ttie town board may,, by resolution, establish an open development
or .areas within • the town, wherein permits may be issued for the
erection,'of structures to which access is given by right of way or
easement, upon such conditions and subject to such limitations as may be
prescribed .by, general or special rule of the planning board, if one
;exzsts;aor; of 'the town board if a planning board does not exist. If a
(;,.:! planning. board exists in such'town, the town board, before establishing
',' ;any({stach.•open,development area or areas, shall refer the matter to such
p]"hhing!; :board for its advice and shall allow such planning board a
':' ;: reasdn'ablo time to report.
t':�;or. 'the purposes ofi this section the word "access" shall mean that
ci (;;• the' ip•lot : on which such structure is proposed to be erected directly
.•: ':::ab;tza;ioril;suchrstreet or highway and has sufficient frontage thereon to
s "afiow;;the:•ingress and egress of fire trucks, ambulances, police cars and
'�. •i':.�aII �:Ii:':Ii :
other emergency vehicles, and, a frontage of fifteen feet shall
presumptively be sufficient for that purpose.
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