042.2023 Res. Enacting LL 1, 2023 to Amend Chapter 179 Zoning of Town Code Zoning Map- Silo RESOLUTION ENACTING LOCAL LAW NO. 1 OF 2023 TO AMEND
CHAPTER 179 "ZONING" OF QUEENSBURY TOWN CODE TO
AMEND ZONING MAP TO CHANGE ZONING DISTRICT
DESIGNATION FOR TAX MAP PARCEL NO.: 302.5-1-49
RESOLUTION NO.: 42,2023
INTRODUCED BY: Mr. Anthony Metivier
WHO MOVED FOR ITS ADOPTION
SECONDED BY: Mr. Harrison Freer
WHEREAS, Garden World Associates, LLC (GWA) submitted a zoning change
application to the Queensbury Town Clerk's Office on or about September 7, 2022 to allow
for a change of zoning district designation for a parcel identified as Tax Map No: 302.5-1-
49 from Moderate Density Residential (MDR) to Commercial Intensive (CI), and
WHEREAS, GWA has also submitted an application to the Planning Board for Site
Plan Review approval to construct a new parking area on said parcel to support the adjacent
business, and
WHEREAS, GWA has also submitted an application to the Zoning Board of Appeals
regarding permeability requirements of the proposed development of the subject lot in
consolidation with the adjacent business, and
WHEREAS, the Town Board, by Resolution No.: 334,2022, referred the application to
the Queensbury Planning Board for SEQRA review and recommendation of the proposed zoning
changes in accordance with §179-15-040 of the Town Zoning Ordinance, and
WHEREAS, at their meeting of November 29, 2022, the Planning Board accepted
SEQRA Lead Agency status and issued a Negative Declaration, and
WHEREAS, at the same meeting, the Planning Board also issued a favorable
recommendation on the proposed zoning change, and
WHEREAS, the Town Board, by Resolution No.: 334,2022, also referred the application
to the Warren County Planning Department for NYS GML §239-m review, and
WHEREAS, on December 15, 2022 the Town received a recommendation from the
Warren County Planning Department dated 9/15/2022 to approve the proposed zoning changes,
and
WHEREAS, on January 23, 2023, the Town Board duly conducted a public hearing
concerning proposed Local Law No.: 1 of 2023, 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 No.: 1 of 2023 and wishes to consider adoption of
Local Law No.: 1 of 2023 in the form substantially presented at this meeting,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby adopts Local Law No.: 1 of 2023 to
amend Queensbury Town Code Chapter 179, "Zoning," entitled, "A Local Law To Amend
Chapter 179 "Zoning" Of Queensbury Town Code To Amend Zoning Map To Change Zoning
District Designation For Tax Map Parcel No.: 302.5-1-49," in the form substantially presented
at this meeting, and
BE IT FURTHER,
RESOLVED, that the Town Board hereby authorizes and directs the Town Clerk to send
copies of this Resolution and approved Local Law No.: 1 of 2023 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 further authorizes and directs the Town Clerk to submit
approved Local Law No.: I of 2023 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 23rd day of January, 2023, by the following vote:
AYES Mr. Ferone, Mr. McNulty, Mr. Strough, Mr. Metivier, Mr. Freer
NOES None
ABSENT: None