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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. \11 P £ ; . !2 | i «K § ° f . .f £K ! ` $ e. r£ , t. } /2! | « � � ( i ■ I}/ � ! I; f 7 . ` / / 0 - k ` En ,. el a 91 ta ƒ k ! ; - ! ,a 44'nGOCC 01 , ƒƒ . ro U ;o ]/ }}n | ; !E 7 ,ad ! .! /\ \) | �| 8 hill * . . | I ivvt® ! a }} § ¥ ek ! d }KG } Et i $ ! 2 a Z. } is 0 ; ! £ ! , ' | £ K ! ! ; ; ; Al 80 !ft Ca a/ & & ! ! ; E ; • Z. fTA aE I. ! § « !\■ K « / ; @ « K £ !; r ; | y DO 7 ƒ; r k ) § £ )£ § «\ \;& ■ r • }Le0.-Q on , . en enonGI C003! 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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