043.2023 Res. Enacting LL 2 of 2023 to Amend Chapter 179 Zoning to Regulate Cannabis Businesses RESOLUTION ENACTING LOCAL LAW NO.: 2 OF 2023
TO AMEND CHAPTER 179 "ZONING" OF QUEENSBURY TOWN
CODE TO REGULATE SPECIFIC CANNABIS BUSINESSES AND
AMEND USE REQUIREMENTS RELATED TO AGRICULTURE
RESOLUTION NO.: 43,2023
INTRODUCED BY: Mr. Timothy McNulty
WHO MOVED FOR ITS ADOPTION
SECONDED BY: Mr.Anthony Metivier
WHEREAS, the Queensbury Town Board wishes to amend Chapter 179 of Queensbury
Town Code to regulate specific cannabis businesses and amend use requirements related to
agriculture, and
WHEREAS, the amendments are necessary and desirable to protect the public health,
safety, welfare, and environmental resources, provide a consistent regulatory pathway for the
cannabis industry consistent with State regulations, foster a healthy, diverse and economically
viable cannabis industry that contributes to the local economy and ensure that environmental,public
health, safety and nuisance factors related to both the cannabis industry and agriculture are
adequately addressed, and
WHEREAS, the Queensbury Town Board wishes to adopt Local Law No.: 2 of 2023 to:
(1) amend §179-2-010, entitled "Definitions and word usage, (2) amend §179-10-070, entitled
Specific Standards," (3) amend Table 2, entitled "Summary of Allowed Uses in Residential
Districts," (4) amend Table 3, entitled Summary of Allowed Uses in Commercial Districts," and
(5) amend Table 4, entitled "Summary of Allowed Uses in Industrial Districts," and
WHEREAS, by Resolution No.: 406,2022, the Town Board declared Lead Agency status
for SEQRA review, and
WHEREAS, by Resolution No.: 470,2022, the Town Board also referred the application
to the Warren County Planning Department for NYS GML §239-m review, and
WHEREAS, on or about December 27, 2022 the Town received a recommendation from
the Warren County Planning Department to approve the proposed zoning changes, and
WHEREAS, by Resolution No.: 389,2022, the Town Board referred the proposed zoning
changes to the Adirondack Park Agency, and
WHEREAS, on November 21, 2022 the Adirondack Park Agency issued a letter
notifying the Town that the proposed zoning changes in the proposed Local Law affecting the
Town's Agency Approved Local Land Use Program are approved, and
WHEREAS, on January 23, 2023, the Town Board duly conducted a public hearing
concerning proposed Local Law No.: 2 of 2023, heard all interested parties and closed the public
hearing, and
WHEREAS, the Town Board, as Lead Agency for the environmental review required
under the State Environmental Quality Review Act (SEQRA), has reviewed a Full
Environmental Assessment Form to analyze potential environmental impacts of proposed Local
Law No.: 2 of 2023 and finds that no significant adverse environmental impacts are expected to
result, and
WHEREAS, the Town Board has considered the conditions and circumstances of the
area affected by the proposed Local Law No.: 2 of 2023 and wishes to consider adoption of
Local Law No.: 2 of 2023 in the form substantially presented at this meeting,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby finds that the proposed changes to
the Town Zoning Code will not result in any large or important detrimental impacts and will not
have a significant adverse impact on the environment, and therefore declares a Negative
Declaration under SEQRA and authorizes the filing of a SEQRA Negative Declaration - Notice
of Determination of Non-Significance for this action, and
BE IT FURTHER,
RESOLVED, that the Town Board authorizes and directs the Town Clerk and/or Senior
Planner to file any necessary documents relating to this Negative Declaration in accordance with
applicable laws and regulations, and
BE IT FURTHER,
RESOLVED, that the Town Board hereby adopts Local Law No.: 2 of 2023 to amend
Queensbury Town Code Chapter 179, "Zoning," entitled, "A Local Law To Amend Chapter 179
"Zoning" Of Queensbury Town Code to Regulate Specific Cannabis Businesses and Amend
Uses Requirements Related to Agriculture" in the form substantially presented at this
meeting to: (1) amend §179-2-010, entitled "Definitions and word usage, (2) amend §179-10-
070, entitled Specific Standards," (3) amend Table 2, entitled "Summary of Allowed Uses in
Residential Districts," (4) amend Table 3, entitled Summary of Allowed Uses in Commercial
Districts," and (5) amend Table 4, entitled "Summary of Allowed Uses in Industrial Districts,"
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.: 2 of 2023 to the Town Planning Board,
Town Zoning Board of Appeals, Town Zoning Administrator Warren County Planning Department
and the Adirondack Park Agency in accordance with §179-15-080(D) of the Town Zoning Law,
and
BE IT FURTHER,
RESOLVED, the Town Board further authorizes and directs the Town Clerk to submit
approved Local Law No.: 2 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. McNulty, Mr. Strough, Mr. Metivier, Mr. Freer, Mr. Ferone
NOES None
ABSENT: None