146.2015 Enacting LL 2, 2015 - Amend Chapter 179 - Zoning - Water Extraction and Transport RESOLUTION ENACTING LOCAL LAW NO.: 2 OF 2015 TO AMEND
QUEENSBURY TOWN CODE CHAPTER 179 "ZONING"
RELATING TO WATER EXTRACTION AND TRANSPORT
RESOLUTION NO.: 146,2015
INTRODUCED BY: Mr. Doug Irish
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Brian Clements
WHEREAS, the Queensbury Town Board wishes to consider adoption of Local Law No.:
2 of 2015 to amend Queensbury Town Code Chapter 179, entitled "Zoning," to add a definition of
"Water Extraction" and provide for and regulate such land use within the Town of Queensbury, and
WHEREAS, the Town of Queensbury Planning Board received a Full Environmental
Assessment Form relating to a proposal by "JUST Beverages, LLC," on behalf of the City of Glens
Falls concerning its proposed use of water supply from the City of Glens Falls Watershed Property
located off of Butler Pond Road(the"Project'), and
WHEREAS, the Project requires the following approvals/permits:
• Town Board—Addition of Water Extraction as an allowed use within the LC 10 zone;
• Town Planning Board— Site Plan Approval;
• NYS DOH—Permit for Water Source;
• NYS DEC—Water Supply Permit Modification and Water Withdrawal Permit;
and
WHEREAS, together these proposals constitute an"Action" for purposes of review under the
New York State Environmental Quality Review Act (SEQRA), and
WHEREAS, prior to the Town Board taking any further action or making a decision about
water extraction as an allowed use in the Town's LC 10 Zone, it was necessary for the proposed zoning
change, Site Plan review and related approval steps to be reviewed as one "Action" in a Coordinated
Review under SEQRA, and
WHEREAS, the Planning Board has the necessary knowledge and experience to review and
evaluate the potential environmental effects of the Action, and therefore, by Resolution No. 93,2015,
the Town Board consented to the Planning Board serving as Lead Agency, and
WHEREAS, on March 24h, 2015, the Planning Board, as SEQRA Lead Agency, considered
the proposed Local Law, reviewed the Full Environmental Assessment Form, thoroughly analyzed the
Local Law and related steps for potential environmental concerns, determined that the Action would
not have a significant effect on the environment, authorized and directed the Planning Board Chairman
to complete the Full Environmental Assessment Form by checking the box indicating that the proposed
Action would not result in any significant adverse environmental impacts, approved a SEQRA
Negative Declaration and authorized and directed the filing of any necessary documents in accordance
with the provisions of the SEQRA Regulations, and
WHEREAS, before the Town Board may amend its Zoning Law and/or Map, it must hold a
public hearing in accordance with the provisions of Town Law §265, the Municipal Home Rule Law
and the Town of Queensbury Zoning Law, and
WHEREAS, by Resolution No. 94,2015, the Town Board set its required public hearing and
duly held such public hearing on Monday, April 6t', 2015 and on Monday, April 20t`, 2015, heard all
interested persons and closed such public hearing, and
WHEREAS, in accordance with General Municipal Law §239-m, the Town referred the
proposed Local Law and Site Plan Review application to the Warren County Planning Office and on or
about February 24t`, 2015, the Warren County Planning Office considered the proposed Local Law
and Site Plan Review application and responded"no county impact," and
WHEREAS, the Town must also obtain approval of the Adirondack Park Agency (APA) for
proposed Zoning Law amendments prior to adoption and on April 17th, 2015, the APA considered the
proposed Local Law and adopted Resolution 2015-1 approving the Town's proposed Local Law,
and
WHEREAS, this legislation is authorized in accordance with New York Municipal Home Rule
Law §10,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board, hereby enacts Local Law No.: 2 of 2015 to
amend Queensbury Town Code Chapter 179 entitled "Zoning," to add a definition of "Water
Extraction" and provide for and regulate such land use within the Town of Queensbury, 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 Department of State in accordance with the provisions
of the Municipal Home Rule Law and acknowledges that the Local Law will take effect immediately
upon filing with the Secretary of State.
Duly adopted this 20th day of April, 2015, by the following vote:
AYES Mr. Strough, Mr. Clements, Mr. Irish, Mr. VanNess
NOES None
ABSENT: Mr. Metivier