184.2016 Res. Enact LL 4, 2016 Drive Through Windows Main Street
RESOLUTION ENACTING LOCAL LAW NO.: 4, OF 2016 TO AMEND
QUEENSBURY TOWN CODE CHAPTER 179 ENTITLED, “ZONING” TO:
1) PROVIDE FOR “DRIVE THROUGH WINDOWS” AT BUSINESSES IN
THE MAIN STREET ZONING DISTRICT UNDER CERTAIN CONDITIONS
AND 2) ADOPT PROVISIONS FOR DETERMINING SETBACK
REQUIREMENTS FOR CORNER LOTS ABUTTING MAIN STREET IN
THE MAIN STREET ZONING DISTRICT
RESOLUTION NO. 184, 2016
INTRODUCED BY: Mr. William VanNess
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Brian Clements
WHEREAS, the Queensbury Town Board wishes to consider adoption of Local Law No.: 4,
of 2016, introduced at the Town Board meeting held on May 2, 2016, to amend Queensbury Town
Code Chapter 179, entitled “Zoning,” to: 1) provide for “drive-through windows” and facilities at
businesses in the Main Street Zoning District within the Town of Queensbury under certain prescribed
conditions; and 2) adopt provisions for determining setback requirements for corner lots abutting Main
Street in the Main Street Zoning District, and
WHEREAS, before the Town Board may amend, supplement, change, or modify the Town’s
Zoning Law, it must hold a public hearing in accordance with the provisions of the Municipal Home
Rule Law and the Town of Queensbury Zoning Laws, 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 the Town duly made the necessary referral, and
WHEREAS, on or about May 11, 2016,the Warren County Planning Department considered
the proposed Local Law and determined that it would have no County impact, and
WHEREAS, the Town Board duly conducted a public hearing, heard all interested parties and
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closed the public hearing concerning proposed Local Law No.: 4, of 2016 on Monday, May 16, 2016,
and
WHEREAS, the Town Board, as Lead Agency for the environmental review required under
the State Environmental Quality Review Act (SEQRA), has reviewed a Full Environmental
Assessment Form to analyze potential environmental impacts of proposed Local Law No.: 4, of 2016
as well as potential impacts of certain related changes to the Town’s Comprehensive Plan and found
that no significant adverse environmental impacts are expected to result, and
WHEREAS, the Town Board, as Lead Agency for SEQRA review, approved Resolution No.
182, of 2016 re-affirming its previous Negative Declaration with respect to the Comprehensive Plan
and adopting a Negative Declaration with regard to the proposed changes to the Town’s
Comprehensive Plan and Proposed Local Law No.: 4, of 2016,
WHEREAS, the Town Board has considered the conditions and circumstances of the area
affected by the proposed Local Law, and
WHEREAS, the Town Board wishes to consider adoption of Local Law No.:4, of 2016 as
presented at this meeting, hereinafter referred to as the “legislation,”
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby adopts Local Law No.: 4, of 2016 to
amend Queensbury Town Code Chapter 179, entitled “Zoning,” to: 1) provide for “drive-through
windows” and facilities at businesses in the Main Street Zoning District within the Town of
Queensbury under certain prescribed conditions; and 2) adopt provisions for determining setback
requirements for corner lots abutting Main Street in the Main Street Zoning District, all substantially in
the form presented at this meeting, and
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BE IT FURTHER,
RESOLVED, that the Town Board hereby authorizes and directs the Queensbury Town Clerk
to send a copy of this Resolution and a copy of the approved Local Law No.: 4, of 2016 to the Town
Planning Board, Town Zoning Board of Appeals, Town Zoning Administrator and Warren County
Planning Department in accordance with §179-15-080(D) of the Town Zoning Law, and
BE IT FURTHER,
RESOLVED, that the Town Board hereby authorizes and directs the Town Clerk to submit
approved Local Law No.: 4, of 2016 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 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, and
BE IT FURTHER,
RESOLVED, that this Resolution shall take effect immediately.
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Duly adopted this 16 day of May, 2016, by the following vote:
AYES : Mr. Clements, Mr. Irish, Mr. VanNess, Mr. Strough, Mr. Metivier
NOES : None
ABSENT : None
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