2.2 2.2
LOCAL LAWS\SET PH\Chapter 179—George Sicard Estate—Storage Yards—4-15-2024
RESOLUTION SETTING PUBLIC HEARING ON PROPOSED
LOCALLAW NO.: OF 2024 TO AMEND CHAPTER 179
"ZONING" OF QUEENSBURY TOWN CODE TO MAKE CERTAIN
CHANGES REGARDING STORAGE YARDS
RESOLUTION NO.: 12024
INTRODUCED BY:
WHO MOVED FOR ITS ADOPTION
SECONDED BY:
WHEREAS, the Estate of George Sicard (Sicard) submitted a Petition for Change of Zone
application to the Queensbury Town Clerk's Office on or about October 23, 2023 to amend Chapter
179 (Zoning) of the Code of the Town of Queensbury to amend the definition of"Storage Yard"
and to allow storage yards in the Commercial Light Industrial (CLI) zoning district by Special Use
approval, and
WHEREAS, Sicard has also submitted applications to the Planning Board for Site Plan
Review and Special Use Permit approvals to allow continuation of the storage yard at the property
known as 340 & 366 Queensbury Avenue, Tax Map ID: 297-.20-1-2.1, and
WHEREAS, by Resolution No.: 385, 2023, the Town Board 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 Code, and
WHEREAS, at their meeting of January 23, 2024, the Planning Board issued a SEQRA
Negative Declaration on the proposed Zoning Code changes and the Site Plan and Special Use
Permit applications, and
WHEREAS, at the same meeting the Planning Board also issued a favorable
recommendation to the Town Board on the proposed Zoning Code change, and
WHEREAS, by Resolution No.: 385, 2023, the Town Board also referred the application
to the Warren County Planning Department for New York State General Municipal Law §239-m
review, and
WHEREAS, on December 1, 2023, the Town received a recommendation from the
Warren County Planning Department dated 11/24/23 of"No County Impact," and
WHEREAS, the Town Board wishes to consider adoption of Local Law No.: of 2024
A Local Law To Amend Chapter 179 "Zoning" Of Queensbury Town Code To Make Certain
Changes Regarding Storage Yards as presented at this Town Board meeting, and
WHEREAS, New York State Municipal Home Rule Law §20 requires the Town
Board to hold a public hearing prior to the adoption of any Local Law,
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 at 7:00 p.m. on Monday, May 6 h,
2024 to hear all interested persons concerning the proposed revisions to the Town's Zoning Code
and enactment of"A Local Law To Amend Chapter 179 "Zoning" Of Queensbury Town Code
To Make Certain Changes Regarding Storage Yards,"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 posting the Notice of
Public Hearing on the Town's website 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 Town Clerk to send
copies of the Notice of Public Hearing, together with copies of the proposed zoning revisions, if
required, to the applicant, agent, property owner, adjacent property owners, and any public officials,
agencies or municipalities, in accordance with any applicable State Laws and Town Code
provisions, including §179-15-070, 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 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 2024.
Duly adopted this 15Ih day of April, 2024, by the following vote:
AYES
NOES
ABSENT:
r '
LOCAL LAWS1Chap4er 179 - SicaM Estate — Starage Yar&-4.15,2024
LOCAr , LAW NO.: OF 2024
A LOCAL LAW TO AMEND CHAPTER 179 "ZONING"OF
QUEENSBURY TOWN CODE TO MAKE CERTAIN
CHANGES REGARDING STORAGE YARDS
BE IT ENACTED BY THE TOWN BOARD OF THE TORN OF
QUEENSBURYAS FOLLOWS:
Section 1. Intent; Authority - The Town Board wishes to amend its Zoning Code
regarding storage yard uses. This Local Law is adopted in accordance with New 'York
State Municipal Home Rule Law.
Section 2. Amendment of Zoning Law - Chapter 179 of the Queensbury
Town Code entitled, "Zoning" and known as the "Town of Queensbury Zoning Law" is
hereby amended as follows:
A. Section 179-2-010 entitled "Definitions and word usage" is amended as follows: C.
STORAGE YARD — A commercial site an ildi where materials, supplies, or
personal items and/or registered cars, recreation vehicles and boats are stored. This
definition shall riot include sates, service or occupancy uses.
B. Section 17940-070 entitled, "Specific Standards"" is amended as follows:
GG. Storage Yard
(1) Storage yard facilities shall be on lots equal to or greater than five (S) acres
in size.
(2) Storage yard facilities shall provide landscaped screening around the
perimeter of all areas used for such storage. Such screening shall serve to
Note: Language in bold italics is new language to be added.
Language in stpikeout is language to be deleted.
block the view of the storage area from view front adjoining properties and
public rights of way. Fences may be permitted around the perimeter of areas
used for storage, but arty fencing shall be placed behind landscaped
screening.
(3) The storage yard owner shall conduct visual assessments of the property
every four (4) months, and retain documentation of all such inspections on
site. Such documentation shall be made available for review by any
authorized Town employee upon request:
(4) Storage yardfacilities are prohibited on lots with road frontage on regional
arterial roads as listed in §179-19-030(A) of the Town of Q'ueensbury ,Zoning
Law.
C, Attachment 4 entitled, "Table 4: Summary of Allowed Uses in Industrial Districts," is
hereby amended as follows:
Veteran's Field Commercial Light Heavy
Light Industrial Industrial Industrial
Industrial Use Table VF-LI CLI HI
Storage Yard SUP6
Storage yard facilities are prohibited on lots with frontage on regional arterial reads.
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 Municipal Horne Rule Law §27.
Note: Language in bold italics is new language to be added.
Language in strikes is language to be deleted.
x
RESOLUTION AUTHORIZING TOWN CLERK TO SUBNUT
THE ESTATE OF GEOR+GE SICARD'S PETITION FOR. CHANGE OF ZONE
TO QUEENSBURY PLANNING BOARD
RESOLUTION NO.: 385, 2023
TNTR(]►IJ UCED BY: Mr. Harrison Freer
WHO MOVED ]ITS ADOPTION
SECONDED BY: Mr. George Ferone
WHEREAS, The Estate of George Sicard (Sicard) submitted a Petition for Change of
Zone application to the Queensbury Town Clerk's Office on or about October 25, 2023 to
amend Chapter 179 (Zoning) of the Code of the Town of Queensbury to add a definition of
"Storage Yard" and allow storage yards by Special Use Permit approval, and
WHEREAS, Sicard has also submitted applications to the Planning Board for Site
Plan Review and Special Use Permit approvals to allow continuation of the storage yard at
the property known as 340 & 366 Queensbury Avenue, Tax .Map ID. 297-_20-1-2. 1 , and
WHEREAS, the application has been reviewed by the Town's Senior Planner and
deemed complete for purposes of review, and
WHEREAS, applications for zoning changes are subject to 'Warren County Planning
Department review in accordance with New York State General Municipal Law §239-m, and
)AME,REAS, applications for zoning changes may be forwarded to the Town Planning
Board for recommendations in accordance with § 179- 15-040 of the Town Zoning Ordinance,
and
WHEREAS, following such recommendations, the Town Board may review the
application and take such other actions as it shall deem necessary and proper, and
r
WHEREAS, prior to making a decision about whether to approve the zoning change,
it is necessary to conduct a review under the New York State Environmental Quality Review Act
(SEQQRA) for potential environmental effects,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby requests that the Planning Board
seek Lead Agency status for SEQRA review of the proposed zoning changes, Site Plan Review
and Special Use Permit applications submitted by Sicard as delineated in the preambles of
this Resolution, and
BE IT FURTHER,
RESOLVED, that the Town Board hereby authorizes and directs the Town Clerk to
forward Sicard's application received by the Town Clerk's Office on or about October 25,
2023 to the Queensbury Planning Board for review, report and recommendation on the
proposed zoning change, and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs the Town Clerk to
submit the application to the Warren County Planning Department for NYS GML §239-m
review, and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs the Town Supervisor
to execute any necessary documentation and the Town Supervisor, Town Clerk and/or
Department of Community Development to take any other necessary actions to effectuate the
terms of this Resolution.
Duly adapted this day of November, 2023 by the following vote:
AYES Mr. Ferone, Mr. McNulty, Mr. Strough, Mr. Freer
NOES None
ABSENT: Mr. Metivier
Town of Queensbury
Community Development Office
742 Bay Road, Queensbury, NY 12804
Town of Queensbury Planning Board
SEQR RESOLUTION — Grant Negative Declaration
SITE PLAN 78-2023, PETITION OF ZONE CHANGE 5-2023 & SPECIAL USE
PERMIT 5-2023 .MARY SICARD
Tax Map ID: 297.20-01 -2. 1 I Property Address: 340 & 366 Queensbury Avenue I Zoning: CLI
The applicant proposes to use a portion of an 8.51 acre parcel to continue use for a storage yard. The two
existing; boat storage buildings and residence to remain unchanged. The project includes a planting plan along
the front yard area. The project also includes a zone change to add storage yard as an allowed use in the CLI
zone as a site plan and special use permit. Pursuant to chapter 179-3-040, 179-10-040 & 179-5-100, site plan
and special use permit shall be subject to Planning Board review and approval. This project is subject to
coordinated SEAR review with the Town Board. The Planning Board to accept lead agency, conduct SEAR,
and provide a recommendation to the Town Board.
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 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 DECLARATION FOR SITE PLAN 78-2023 PETITION OF
ZONE CHANGE 5-2023 &. SPECIAL USE PERMIT 5-2023 MARY SICARD. Introduced by Fritz
Stefanzick 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 is not necessary because the Planning Board did not identify potentially
moderate to large impacts.
Motion seconded by Ellen McDevitt. Duly adopted this 23 d day of January 2024 by the following vote:
AYES : Mrs. McDevitt, Mr. Longacker, Mr. Stark, Mr. Stefanzick, Mr. Deeb, Mr. Traver
NOES: NONE
ABSENT: Mr. Magowan
Phone: 518.76I .8220 f Fax: 518.745.4437 1 742 Bay Road, Queensbury, NY 12804 1 www.queensbury.net
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
REQUEST TO ADD STORAGE YARD AS AN ALLOWED USE IN THE CLI .ZONE
SITE PLAN 78-2023, PETITION OF ZONE CHANGE 5-2023 & SPECIAL USE
PERMIT 5-2023 MARY SICARD
Tax Map ID: 297,20-01 -2. 1 / Property Address: 340 & 366 Queensbury Avenue f Zoning: CLI
WHEREAS, the applicant proposes to use a portion of an 8.51 acre parcel to continue use for a storage yard.
The two existing boat storage buildings and residence to remain unchanged. The project includes a planting
plan along the front yard area. The project also includes a zone change to add storage yard as an allowed use in
the CLI zone as a site plan and special use permit. Pursuant to chapter 179-3-040, 179-10-040 & 179-5-100, site
plan and special use permit shall be subject to Planning Board review and approval. This project is subject to
coordinated SEQR review with the Town Board. The Planning Board to accept lead agency, conduct SEAR,
and provide a recommendation to the Town Board.
WHEREAS, the Town of Queensbury Town Board is proposing a zoning change to add storage yard as an
allowed use in the Commercial Light Industrial zone. The Town Board referred this proposed change to the
Planning Board for an advisory recommendation pursuant to Section 179- 15-020, resolution number 385, 2023
dated on 11/6/2023;
MOTION FOR RECOMNMNDATION TO THE TOWN BOARD TO ADD STORAGE YARD AS AN
ALLOWED USE IN THE CLI ZONE.
The PIanning Board based on limited review has not identified any significant adverse impacts that cannot be
mitigated with this proposal.
The Town Board may consider amending the definition to include full and empty boat trailers,
Introduced by Fritz Stefanzick, who moved for its adoption.
Motion seconded by Ellen McDevitt. Duly adopted this 23' day of January 2024 by the following vote:
AYES: Mrs. McDevitt, Mr. Longacker, Mr. Stark, Mr. Stefanzick, Mr. Deeb, Mr. Traver
NOES: NONE
AB SENT: Mr. Magowan
Phone: 518.761 .8220 1 Fax: 519.745.4437 1 742 Bay Road, Queensbury, NY 12804 1 www.queensbury.net
Reviewed by Department on 11/24/2023 Nov2023.27
Warren County Planning Department
Project Review and Referral Form 4 �,
O
Project Name: Town of Queenstwry +^r w
Owner: Town of Queenabury r DEC 1 2Q23
43civSL3ll^nY
10 Number: OBY-23-ZC-385 � ,L C-�' F GE �
County Project#: Nov2O23-27
Current Zoning: sP�
Community: Queensbury
Project Description:
Applicant proposes to amend town zoning cede, Chapter 179. to add a definition of " Storage Yard" and allow storage yards by
Special Use Permit approval.
Site Location:
Tax Map Number**
County Planning Recommendation:
NCI
Additional Recommendation:
Informal Staff Comments:
The Warren County Planning Department finds that the proposed action has no significant inter-community or county-wide
lmpacw
Local action to data {If any}:
Local Action/Final Disposition:
11/24/2023
Warren County Planning Department Date Signed Local Officat Date Signed
PLEASE RETURN THIS FORM TO THE WARREN COUNTY PLANNING DEPARTMENT WITHIN 10 DAYS OF FINAL ACTION