2.1 2.1
RESOLUTIONS\LOCAL LAWS\APPROVAL\Chapter 179 Zoning—Commercial Boat Sales Service Storage—11-18-2024
RESOLUTION AUTHORIZING ADOPTION OF LOCAL
LAW NO.: OF 2024 TO AMEND CHAPTER 179 "ZONING"
OF QUEENSBURY TOWN CODE TO AMEND ZONING
REQUIREMENTS RELATED TO COMMERCIAL BOAT
SALES, SERVICE AND STORAGE
RESOLUTION NO.: ,2024
INTRODUCED BY:
WHO MOVED FOR ITS ADOPTION
SECONDED BY:
WHEREAS, the Queensbury Town Board (Town Board) wishes to consider adoption of
Local Law No.: _of 2024 entitled, "A Local Law to Amend Chapter 179 `Zoning' of Queensbury
Town Code to Amend Requirements Related to Commercial Boat Sales, Service and Storage," and
WHEREAS, by Resolution No.: 293, 2024 and in accordance with the New York State
Environmental Quality Review Act (" SEQRA") regulations, the Town Board declared its intent
to seek Lead Agency for SEQRA review and referred the application to the Warren County
Planning Department for New York State General Municipal Law §239-m review, and
WHEREAS, by Resolution No.: 332, 2024 the Town Board declared itself to be Lead
Agency and declared a Negative Declaration for the SEQRA environmental review of the proposed
legislation and referred the proposed Zoning Code revisions to the Adirondack Park Agency for
their review, approval and/or recommendation, and
WHEREAS, the Town received a recommendation from the Warren County Planning
Department dated 8/14/24 of"No County Impact," and
WHEREAS, the Town received a letter from the Adirondack Park Agency dated 10/16/24
approving the proposed Zoning Code changes pursuant to the terms of the Town's Agency-
Approved Local Land Use Program (ALLUP), and
WHEREAS, before the Town Board may amend the Town Code, it must hold a public
hearing in accordance with the provisions of Town Law §265, and the Municipal Home Rule Law,
and
WHEREAS,the Town Board duly held a public hearing on Monday, November 18, 2024
and heard all interested persons,
NOW, THEREFORE, BE IT
RESOLVED, that the Town Board hereby enacts Local Law No.: of 2024 entitled,
"A Local Law to Amend Chapter 179 `Zoning' of Queensbury Town Code to Amend
Requirements Related to Commercial Boat Sales, Service and Storage," and
BE IT FURTHER,
RESOLVED, that the Town Board authorizes and directs the Town Clerk to send a copy
of this Resolution and a copy of the approved Local Law No.: of 2024 to the Town Planning
Board, Town Zoning Board of Appeals, Town Zoning Administrator and the Warren County
Planning Department, and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs the Town Clerk to
submit approved Local Law No.: of 2024 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 Supervisor,
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 18'h day of November 2024, by the following vote:
AYES
NOES
ABSENT:
LOCAL LAWS&ORDINANCES/CWpa 179-Conmadd Boat Seas-8-19.2024
LOCAL LAW NO.: OF 2024
A LOCAL LAW TO AMEND CHAPTER 179 "ZONING"OF
QUEENSBURY TOWN CODE TO AMEND REQUIREMENTS RELATED
TO COMMERCIAL BOAT SALES, SERVICE AND STORAGE
BE IT ENACTED BY THE TOWN BOARD OF THE TOWN OF
QUEENSBURY AS FOLLOWS:
Section 1. Intent; Authority- The Town Board wishes to amend its Zoning Code
regarding commercial boat sales, service and storage. 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 179-10-070 entitled"Specific Standards"is amended as follows:
H. Commercial boat sales and service.
(I) Commercial boat sales and service facilities must provide adequate screening
of areas used for storage of boats tobesen iced except for boats displayedfor
sale to the public.
(2) All Commercial boat salethervic✓storage in the NC zone shall not be
permitted on any parcel of land less than one and one-hallf acres(1.5 acres)
in size.
Note: Language in bold italics is new language to be added.
Language in utrikeeut is language to be deleted.
B. Table 3 entitled "Summary of Allowed Uses in Commercial Districts" is hereby
amended as noted on the attached to add commercial boat sale/service/storage
as pennitted by Special Use Permit in the Neighborhood Commercial zoning
district.
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 in strikeout is language to be deleted.
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RESOLUTION SEEKING SEQRA LEAD AGENCY AND
AUTHORIZING REFERRAL OF PROPOSED LOCAL LAW NO. OF
2024 TO AMEND CHAPTER 179 "ZONING" OF QUEENSBURY
TOWN CODE TO AMEND ZONING REQUIREMENTS RELATED TO
COMMERCIAL BOAT SALES, SERVICE AND STORAGE TO
WARREN COUNTY PLANNING
RESOLUTION NO.: 293,2024
INTRODUCED BY: Mr.Michael Dixon
WHO MOVED ITS ADOPTION
SECONDED BY: Mr.Timothy McNulty
WHEREAS, the Queensbury Town Board (Town Board) wishes to consider adoption of
Local Law No.:_of 2024 entitled, "A Local Law to Amend Chapter 179"Zoning" of Queensbury
Town Code to Amend Requirements Related to Commercial Boat Sales, Service And Storage,"
and
WHEREAS, the Town Board has determined to begin an environmental review process
under the State Environmental Quality Review Act(SEQRA), and
WHEREAS, the Town Board of the has identified the project to be a Type I action for
purposes of SEQRA review pursuant to 6 NYC RR 617, and
WHEREAS, the proposed zoning amendments affect lands within the Adirondack Park
and thus requires an amendment of the Town's Approved Local Land Use Program by the
Adirondack Park Agency(APA), and
WHEREAS, the Town Board must make a Determination of Significance under SEQRA
prior to requesting APA approval of an amendment of the Town's Approved Local Land Use
Program,and
WHEREAS, the Town Board is the agency most directly responsible for approving the
action because of its responsibility for approving changes to the Town Code, and
WHEREAS, zoning amendments are subject to Warren County Planning Department
review in accordance with New York State General Municipal Law§239-m,
NOW,THEREFORE,BE IT
RESOLVED, that the Town Board hereby indicates its desire to be Lead Agency for
SEQRA review of this action and authorizes and directs the Town Clerk to notify any other
potentially involved agencies of such intent,and
BE IT FURTHER,
RESOLVED, that the Town Board hereby authorizes and directs the Town Clerk to
forward the proposed Zoning Code revisions to the Warren County Planning Department for their
review,approval and/or recommendation,and
BE IT FURTHER,
RESOLVED, that the Town Supervisor/Deputy Town Supervisor, Town Clerk, Senior
Planner and/or Town Counsel are hereby authorized and directed 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 5th day of August,2024,by the following vote:
AYES : Mr.Dixon,Mr.McNulty,Mr. Strough,Mr. Metivier
NOES : None
ABSENT: None
RESOLUTION ADOPTING SEQRA DETERMINATION REGARDING
PROPOSED LOCAL LAW NO.: OF 2024 TO AMEND CHAPTER 179
"ZONING"OF QUEENSBURY TOWN CODE TO
AMEND REQUIREMENTS RELATED TO COMMERCIAL
BOAT SALES, SERVICE AND STORAGE
RESOLUTION NO.: 332,2024
INTRODUCED BY: Mr.Anthony Metivier
WHO MOVED ITS ADOPTION
SECONDED BY: Mr.Michael Dixon
WHEREAS, the Queensbury Town Board wishes to consider adoption of Local Law
No.:_of 2024 entitled,"A Local Law to Amend Chapter 179 `Zoning' of Queensbury Town
Code to Amend Requirements Related to Commercial Boat Sales, Service And Storage,"(the
"legislation"),and
WHEREAS,on August 5, 2024,by Resolution No.: 293,2024 and in accordance with the
New York State Environmental Quality Review Act ("SEQRA") regulations, the Town Board
declared its intent to be Lead Agency for the required SEQRA environmental review of the
proposed legislation, and
WHEREAS,the Town Board previously notified the Adirondack Park Agency and Warren
County Planning Department of the Town Board's intent to be Lead Agency for such SEQRA
review, and
WHEREAS, by letter dated August 13, 2024, the Adirondack Park Agency consented to
the Town Board serving as Lead Agency, and
WHEREAS, the Warren County Planning Department's review of this legislation under
New York State General Municipal Law §239-m is not subject to SEQRA, thus making them an
interested agency per 6 CRR-NY 617.2(u),and
WHEREAS, the Town Board has considered the proposed legislation, conducted the
required environmental review, reviewed Part I of the Full Environmental Assessment Form
("EAF")to analyze potential environmental impacts and completed Part 2 of the EAF,and
WHEREAS, the Town Board finds that the action will not result in any large or important
detrimental impacts and, therefore, is one which will not have a significant adverse impact on the
environment,and
WHEREAS, the Town must also obtain approval of the Adirondack Park Agency for the
proposed revisions to the Zoning and Code prior to adoption,and
WHEREAS, the proposed Zoning Code amendments appear to comply with and be in
furtherance of the approval standards contained in §807 of the Adirondack Park Agency Act and
9NYCRR Part 582 of Agency regulations,
NOW,THEREFORE,BE IT
RESOLVED, that the Queensbury Town Board hereby declares itself to be Lead Agency
and assumes the role and responsibilities of Lead Agency for the required SEQRA review of the
proposed legislation, and
BE IT FURTHER,
RESOLVED,that the Town Board hereby determines that the proposed legislation will not
result in any large or important detrimental impacts and will not have any significant adverse impact
on the environment and therefore declares a Negative Declaration under SEQRA and authorizes
and directs the Town Clerk, Senior Planner and/or Director of Planning, Zoning and Code
Compliance to file and publish a SEQRA Negative Declaration - Notice of Determination of
Non-Significance, and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs the Town Clerk to file
this Resolution and the approved SEQRA Negative Declaration in the Town Clerk's Office,and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs the Town Clerk to send
copies of this Resolution and the approved SEQRA Negative Declaration to the Warren County
Planning Department,Queensbury Zoning Board of Appeals and Queensbury Planning Board,and
BE IT FURTHER,
RESOLVED,that the Town Board further authorizes and directs the Town Clerk or Senior
Planner to forward copies of the proposed Zoning Code revisions to the Adirondack Park Agency
for their review,approval and/or recommendation,and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs the Town
Supervisor/Deputy Town Supervisor to sign any needed documentation and the Town
Supervisor/Deputy Town Supervisor, Town Clerk and/or Senior Planner to file any necessary
documents and take any other actions necessary to effectuate this Resolution.
Duly adopted this 9th day of September,2024,by the following vote:
AYES : Mr. Dixon,Mr.McNulty,Mr. Strough,Mr. Metivier
NOES : None
ABSENT: None
•
Reviewed by Department on 08114/2024 Aug2024-26
Warren County Planning Department
Project Review and Referral Form
Project Name: Town of Queensbury
Owner: Town of Queensbury
ID Number: OBY-24-LL-SpecStand
County Project it: Aug2024-26
Current Zoning:
Community: Queensbury
Project Description:
The Town requests Lead Agency Status for purposes of SEQR review and proposes Local Law to amend Chapter 179,"Specific
Standards,"of Town Code to revise requirements related to commercial boat sales,service and storage.
Site Location:
Tax Map Numbers:
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
impacts.
Local action to date(if any):
Local Action/Final Disposition:
}lute 08/14/2024
Warren County Planning Department Date Signed Local Meal Date Signed
PLEASE RETURN THIS FORM TO THE WARREN COUNTY PLANNING DEPARTMENT WITHIN 10 DAYS OF FINAL ACTION
KATHY HOCHUL
f" nYOR Adirondack
( Governor
STATE Park Agency BARBARA RICE
Executive Director
October 16, 2024
Honorable John Strough III
Town of Queensbury Supervisor
742 Bay Rd.
Queensbury, NY 12804
Dear Supervisor John Strough III:
The Agency has reviewed the proposed amendment to the Town of Queensbury's
Agency-approved Local Land Use Program (ALLUP) received on September 13, 2024.
This letter serves as documentation that the proposed amendments to the Town of
Queensbury Zoning Law, (Chapter 179 "Zoning"), Table 3 "Summary of Allowed Uses in
Commercial Districts" and Section 179-10-070 "Specific Standards"for Commercial
Boat Sales and Service, is hereby approved by the Adirondack Park Agency pursuant to
the terms of the Town's ALLUP.
Thank you for the referral of this proposed amendment. Upon adoption of the
amendment please provide the Agency with copies so staff can maintain an up-to-date
file of the Town's local laws. If you have any questions, please contact Robyn Burgess,
Principal Adirondack Park Local Planning Assistance Specialist. Agency staff look
forward to assisting the Town on future planning efforts.
Sincerely,
Kr. n
Barbara Rice
Executive Director
cc: Stuart Baker, Town of Queensbury, Community Development Coordinator
- - Caroline Barber, Town Clerk
Craig Brown, Director of Planning, Zoning and Compliance
John O'Brien, Code Enforcement Officer
Stephen Traver, Planning Board Chair
Mike McCabe, Zoning Board of Appeals Chair
P.O. Box 99 11133 State Route 86 I Ray Brook, NY 12977 I Tel: (518) 891-4050 I K'wN+.apa.ny.gov