254.2014 Adopt LL 2, Zoning RESOLUTION ENACTING LOCAL LAW NO.: 2 OF 2014 TO DELETE
QUEENSBURY TOWN CODE CHAPTER 105 "LAND USE PROCEDURES"
AND AMEND CHAPTER 179 "ZONING" AND TOWN ZONING MAP
RESOLUTION NO.: 254,2014
INTRODUCED BY: Mr.William VanNess
WHO MOVED ITS ADOPTION
SECONDED BY: Mr.Anthony Metivier
WHEREAS, the Town Board wishes to consider adoption of Local Law No.: 2 of 2014 to
delete Queensbury Town Code Chapter 105, entitled"Land Use Procedures," and amend Chapter 179,
entitled "Zoning" to amend language and requirements in various locations, and to make revisions to
the Town Zoning Map, and
WHEREAS, before the Town Board may amend its Zoning Law and Map, it must hold a
Public Hearing in accordance with provisions of the Municipal Home Rule Law and the Town of
Queensbury Zoning Law, and
WHEREAS, in accordance with General Municipal Law §239-m, the Town must first refer the
proposed Zoning Law amendments and obtain a recommendation from the Warren County Planning
Department before enacting the legislation, and
WHEREAS, the Town must also obtain approval of the Adirondack Park Agency for the
proposed amendments to the Town's Zoning Law and Zoning Map prior to adoption, and
WHEREAS, the Town of Queensbury amendments comply with and are a furtherance of
approval standards contained in §807 of the Adirondack Park Agency Act and 9 NYCRR Part 582 of
Agency regulations, and
WHEREAS, the proposed changes to the Town Zoning Law and Town Zoning Map
constitute a Type I action under SEQRA and the Town Board therefore prepared Part 1 of a Full
Environmental Assessment Form(EAF)for use in the SEQRA environmental review, and
WHEREAS, in accordance with the State's SEQRA regulations, on May 19th, 2014 by
Resolution No.: 183, 2014 the Town Board declared its intent to be the Lead Agency for the
required SEQRA environmental review for the proposed zoning revisions and map changes, and
WHEREAS, the Town Board previously notified the only other Involved Agency, the
Adirondack Park Agency, of the Town Board's intent to be Lead Agency for the SEQRA review
of the proposed zoning revisions, and
WHEREAS, by letter dated May 30th, 2014 the Adirondack Park Agency consented to the
Town Board serving as Lead Agency, and the Town Board accepted the role of Lead Agency for
the required SEQRA review, and
WHEREAS, by Resolution No.: 241, 2014 adopted by the Town Board on July 7th, 2014,
the Town Board considered the proposed Local Law, reviewed Part 1 of the EAF to analyze
potential environmental impacts, completed Part 2 of the EAF and found that the proposed changes
to the Town Code and the Town Zoning Map would not result in any large or important
detrimental impacts and would not have a significant adverse impact on the environment, and
therefore declared a Negative Declaration under SEQRA and authorized the filing of a SEQRA
Negative Declaration -Notice of Determination of Non-Significance for this action, 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 the Town Board duly held Public Hearings on
Monday, June 16th and Monday, July 21St, 2014 concerning proposed Local Law No.:2 of 2014 and
heard all interested persons, and
WHEREAS, in accordance with General Municipal Law §239-m, the Town duly referred the
proposed revised Zoning Code and Zoning Map to the Warren County Planning Board, which issued a
recommendation of"No County Impact"with regard to them, and
2
WHEREAS, on July 10 fl,, 2014, the Adirondack Park Agency approved the proposed revised
Zoning Code and Zoning Map subject to certain minor revisions, which have been incorporated, and
WHEREAS, the proposed Local Law is in a form approved by Town Counsel,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby enacts proposed Local Law No.: 2
of 2014 to delete Queensbury Town Code Chapter 105, entitled "Land Use Procedures," and amend
Chapter 179, entitled "Zoning" to amend language and requirements in various locations, and to make
revisions to the Town Zoning Map, and
BE IT FURTHER,
RESOLVED, that the Town Board hereby authorizes and directs the Queensbury Town Clerk
to file the Local Law with the New York State Secretary of State in accordance with the provisions of
the Municipal Home Rule Law and acknowledges that the Local Law will take effect as provided by
law, and
BE IT FURTHER,
RESOLVED, that all applications requiring the review and approval of the Town of
Queensbury's Director of Planning, Zoning and Code Compliance which are received and deemed
complete prior to the effective date of this Local Law shall be reviewed under the zoning regulations
applicable at the time of such applications, and all applications requiring the review and approval of the
Director of Planning, Zoning and Code Compliance received after the effective date of this new Local
Law No.: 2 of 2014 shall be reviewed according to the zoning requirements established by this Local
Law, and
3
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs the Town Supervisor, Town
Clerk, Senior Planner, Director of Planning, Zoning and Code Compliance and/or Town Counsel to
execute any required documents and take any and all actions necessary to effectuate all terms of this
Resolution.
Duly adopted this 21St day of July, 2014, by the following vote:
AYES Mr. Strough, Mr. Metivier, Mr. Clements, Mr. Irish, Mr. VanNess
NOES None
ABSENT: None
4