4.10 REVISED 4.10
RESOLUTIONS\LOCAL LAWS\SET PUBLIC HEARING\Chapter 179 Zoning—FW Webb Rezoning Set PH—6-19-2023
RESOLUTION SETTING PUBLIC HEARING ON PROPOSED
LOCAL LAW NO. 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.: 303.6-1-3
RESOLUTION NO.: ,2023
INTRODUCED BY:
WHO MOVED FOR ITS ADOPTION
SECONDED BY:
WHEREAS, F.W. Webb Company (Webb) submitted a zoning change application to the
Queensbury Town Clerk's Office on or about March 27, 2023 to allow for a change of zoning district
designation for a parcel located on the west side of Quaker Road in the Town of Queensbury
identified as Tax Map No: 303.6-1-3 (Parcel) from Commercial Intensive (CI) to Commercial Light
Industrial (CLI), and
WHEREAS, Webb has also submitted an application to the Planning Board for Site Plan
Review approval for a proposed wholesale building supply facility, and
WHEREAS, the Town Board, by Resolution No.: 142, 2023, 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 May 18, 2023, the Planning Board, as SEQRA Lead
Agency, 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 April 21, 2023 the Warren County Planning Department issued a
recommendation of No County Impact, and
WHEREAS, the Town Board wishes to consider adoption of Local Law No.: of 2023
to change the zoning district designation for such Parcel from Commercial Intensive (CI) to
Commercial Light Industrial (CLI) as 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 revision"), 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
WHEREAS, by Resolution 207,2023 the Town Board initially scheduled the public
hearing for June 19th but inadvertently neglected to include some of the provisions required
for proper notice and notification, and
WHEREAS, the Town therefore wishes to reschedule the public hearing in order to
provide proper notifications,
NOW, THEREFORE, BE IT
RESOLVED, that the Town Board shall meet and hold a Public Hearing at the
Queensbury Activities Center, 742 Bay Road, Queensbury on Monday, July loth, 2023 at 7:00
p.m. to hear all interested persons concerning the proposed revisions to the Town's Zoning Code
and enactment of"Local Law No.: of 2023 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.: 303.6-1-3," and
BE IT FURTHER,
RESOLVED, that the Town Board hereby authorizes and directs the Town Clerk to
provide the public with at least 10 days prior notice of the Public Hearing by causing a Notice of
Public Hearing to be timely published in the Town's official newspaper and by posting the
Notice of Public Hearing on the Town's web site and bulletin board at least 10 days before the
date of the Public Hearing, and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs the Community
Development Department to provide the Town Clerk's Office with a list of a property owners
immediately adjacent to the property under consideration for a change of zoning district so that
the Town Clerk's Office may send Notice of Public Hearing to those property owners, and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs the Town Clerk to send
copies of the Notice of Public Hearing, together with copies of the proposed zoning revisions, if
required, to any public officials, agencies or municipalities, in accordance with any applicable
State Laws or Town Code provisions, and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs the Town Clerk to make
a copy of the proposed zoning revisions (including a proposed revision to the Town's Zoning
Map associated with the Zoning Code) available for public inspection during regular business
hours of the Clerk's office, and
BE IT FURTHER,
RESOLVED, that the Town Board authorizes and directs the Town Supervisor, Town
Clerk, Director of Planning, Zoning and Code Enforcement, Senior Planner and/or Town
Counsel to take such other actions and give such other notice as may be necessary in preparation
for the Town Board to lawfully adopt proposed Local Law No.: _ of 2023.
Duly adopted this 19`h day of June, 2023,by the following vote:
AYE S
NOES
ABSENT:
LOCAL LAWS\Chapter 179-Rezoning-FW Webb-CI to CLI-7-10-2023
LOCAL LAW NO.: OF 2023
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.: 303.6-1-3
BE IT ENACTED BY THE TOWN BOARD OF THE TOWN OF QUEENSBURY AS
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 a
14.6+ acre parcel on the west side of Quaker Road from Commercial Intensive (CI) to Commercial
Light Industrial (CLI), such property bearing Tax Map Parcel No.: 303.6-1-3
SECTION 2. The Map appended to this Local Law is hereby adopted as the official Town
Zoning Map of the Town of Queensbury and supersedes the previously adopted Town Zoning Map.
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 S. This Local Law shall take effect immediately upon filing in the Office of the
New York Secretary of State as provided in New York State Municipal Home Rule Law §27.
Note: Language in bold italics is new language to be added;
Language=Arith line dr-awn 4.,rough is old language to be deleted.
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Town of Queensbury Planning Board
SEQR RESOLUTION—Grant Negative Declaration
SITE PLAN 33-2023, PETITION OF ZONE CHANGE 3-2023 SEWER.DISTRICT EXTENSION&
FRESHWATER WETLANDS 6-2023
FW WEBB COMPANY
Tax Map ID: 303.6-1-3 / Property Address: Quaker Road/Zoning: Cl
The applicant proposes a change of zone of a parcel from CI to CLI. The project also includes the construction
of a building with a 76,200 sq ft footprint. A portion of the building is two story with a floor area of 95,620 sq
ft. The building and site are for the operation of a warehouse/wholesale business and material storage yard. Also
proposed is a sewer district extension. Pursuant to chapter 179-3-040, 179, 179-15-040, Chapter 94, new
construction in a Cl zone and work within 100 ft of a designated wetland shall be subject to Planning Board
review and approval. This project is subject to a coordinated SEQR review with the Town Board, Planning
Board may conduct SEQR and provide a recommendation.
The proposed action considered by this Board is a Type I 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 I 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 SEQR DECLARATION FOR SITE PLAN 33-2023, PETITION
OF ZONE CHANGE 3-2023, SEWER DISTRICT EXTENSION & FRESHWATER WETLANDS 6-
2023 FW WEBB COMPANY. Introduced by Michael Dixon, who moved for its adoption.
As per the resolution prepared by staff.
1. Part It of the Long EAF has been reviewed and completed by the Planning Board.
2. Part III of the Long EAF has been reviewed and completed by the Planning Board and identified small
impacts being clarified per discussion.
Motion seconded by David Deeb. Duly adopted this 18 th day of May 2023 by the following vote:
AYES: Mr. Deeb, Mr. Dixon, Mr. Longacker, Mr. Stark, Mrs. McDevitt, Mr. Etu, Mr, Traver
NOES: NONE
ABSENT: Mr. Magowan
I Fax: 5,111/45,1 �j 1'.2 S'ay N',f 128( ' 1
A
Town of Queensbury Planning Board
RESOLUTION-Planning Board Recommendation to the Town Board for Zoning Change
REQUESTED ZONE CHANGE FROM CI TO CLI & SEWER DISTRICT EXTENSION
SITE PLAN 33-2023, PETITION OF ZONE CHANGE 3-2023 &FRESHWATER WETLANDS 6-2023
FW WEBB COMPANY.
Tax Map ID: 303.6-1-3 /Address: Quaker Road/Zoning: Cl
WHEREAS, the applicant proposes a change of zone of a parcel from CI to CLI. The project also includes the
construction of a building with a 76,200 sq ft footprint. A portion of the building is two,story with a floor area
of 95,620 sq ft. The building and site are for the operation of a warehouse/wholesale business and material
storage yard. Also proposed is a sewer district extension. Pursuant to chapter 179-3-040, 179, 179-15-040,
Chapter 94, new construction in a Cl zone and work within 100 ft of a designated wetland shall be subject to
Planning Board review and approval. This project is subject to a coordinated SEQR review with the Town
Board. Planning Board may conduct SEQR and provide a recommendation.
WHEREAS, the Town of Queensbury Town Board is proposing a zoning change to CLI. The Town Board
referred this proposed change to the Planning Board for an advisory recommendation pursuant to Section 179-
15-020, resolution number 142,2023 dated on April 3, 2023;
MOTION FOR RECOMMENDATION TO THE TOWN BOARD AS FAVORABLE FOR ZONING
CHANGE FROM CI TO CLI & SEWER DISTRICT EXTENSION FOR SITE PLAN 33-2023,
PETITION OF ZONE CHANGE 3-2023 & FRESHWATER WETLANDS 6-2023 FW WEBB
COMPANY;
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 1811,day of May 2023 by the following vote:
AYES: Mr. Deeb, Mr. Dixon, Mr. Longacker, Mr. Stark, Mrs. McDevitt, Mr. Traver
NOES: Mr. Etu
ABSENT: Mr. Magowan
8220 111-'a�:: 5 18.7-45.41437 '7,3-) t2804
Reviewed by Department on Friday,April 21,2023
Warren County Planning Department Apr2023-29
Project Review and Referral Form
Project Nome: FW Webb Company
Owner: Robert and Peter Nemer
ID Number: QBY-23-ZC-3
County Project#: Apr2023-29
Current Zoning:
Community: Queensbury
Project Description:
Applicant requests zone change from current Commercial Intensive(CI)to Commercial Light Industrial (CLI).
Site Location:
Tax Map Numbers:
County Planning Recommendation:
NCI
Informal Staff Comments:
Local actions to date(if any):
Local Action/Final Disposition:
4/21/2023
Warren County Planning Department Date Signed Local Official Date Signed
PLEASE RETURN THIS FORM TO THE WARREN COUNTY PLANNING DEPARTMENT WITHIN 10 DAYS OF FINAL ACTION