423.2018 Setting PH - Proposed LL - Zoning Change - Kubricky Property - MDR to RR-5 RESOLUTION SETTING PUBLIC HEARING ON PROPOSED
LOCAL LAW TO AMEND CHAPTER 179 TO CHANGE ZONING
OF PROPERTY OWNED BY KUBRICKY JOHN AND SONS, INC.
FROM MODERATE DENSITY RESIDENTIAL (MDR) TO
RURAL RESIDENTIAL FIVE ACRE (RR-5)
RESOLUTION NO.: 423,2018
INTRODUCED BY: Mr.Anthony Metivier
WHO MOVED ITS ADOPTION
SECONDED BY: Mrs. Catherine Atherden
WHEREAS, Fort Miller Company, Inc., (Applicant) wishes to expand its sand and gravel
extraction operation at property currently owned by Kubricky John and Sons, Inc., and identified
as Tax Map No.: 279.-1-48 located at 1359 Ridge Road(Project), and
WHEREAS, the Town Board is considering a request by the Applicant to amend the
Town Zoning Map to change the zoning of the property from Moderate Density Residential(MDR)
to Rural Residential Five Acre(RR-5)to permit sand and gravel extraction, and
WHEREAS, by Resolution No.: 100, 2017, the Town Board authorized, directed and
consented to the New York State Department of Environmental Conservation (DEC) serving as Lead
Agency for SEQRA review of the Project, and
WHEREAS, DEC determined the Project to be a Type I Action, coordinated review with
other agencies was performed, DEC performed such SEQRA Review and determined that the Project
would not have a significant effect on the environment, and a Negative Declaration dated January 29,
2018 is on file with the Town, and
WHEREAS, applications for rezonings are forwarded to the Town Planning Department and
Planning Board for recommendations in accordance with §179-15-040 of the Town Zoning Law and
following such recommendations, the Town Board reviews the applications and takes such other action
as it shall deem necessary and proper, and
WHEREAS, by Resolution No.: 184,2018, the Town Board accordingly authorized the Town
Clerk to forward the Applicant's Petition for Change of Zone Application to the Planning Board for
report and recommendation, and
WHEREAS, on July 17r'', 2018, the Town Planning Board reviewed such Application and
adopted a Resolution recommending the rezoning request as favorable, and
WHEREAS, in order for the Town's Zoning Code to maintain its status as an approved local
land use plan under the Adirondack Park Agency (APA) Act and APA regulations, the Town must
obtain APA approval of the proposed zoning request prior to adoption, and
WHEREAS, the proposed zoning revisions comply with the requirements of§807 of the APA
Act and 9 NYCRR Part 582 of APA regulations, and
WHEREAS, the Town Board wishes to consider adoption of proposed Local Law No.: of
2019 to amend Queensbury Town Code Chapter 179 by amending the official Town Zoning-Map to
reflect such changes as set forth above, and
WHEREAS, before the Town Board may amend, supplement, change, or modify its Zoning
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 Laws,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board shall hold a public hearing on Monday,
January 28r'', 2019 at 7:00 p.m. at the Queensbury Activities Center, 742 Bay Road, Queensbury to
hear all interested parties concerning adoption of Local Law No.: of 2019 to amend the official
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Town of Queensbury Zoning Map whereby the zoning of property bearing Tax Map No.: 279.-1-48
and located at 1359 Ridge Road in the Town of Queensbury would be changed from Moderate
Density Residential(MDR)to Rural Residential Five Acre(RR-5), and
BE IT FURTHER,
RESOLVED, that the Town Board hereby authorizes and directs the Town Clerk's Office to
provide 10 days notice of the public hearing by publishing a Notice of Public Hearing in the Town's
official newspaper and posting the Notice on the Town's bulletin board, and
BE IT FURTHER,
RESOLVED, in accordance with Town Zoning Law §179-15-070(C), as the proposed
rezoning involves less than 30 parcels, the Town Board further authorizes and directs the Community
Development Department to provide the Town Clerk's Office with a list of all property owners located
immediately adjacent to the parcel proposed to be rezoned so that the Town Clerk's Office may send
the Notice of Public Hearing to those property owners as well as the property owner of record, and
BE IT FURTHER,
RESOLVED, that the Town Board further directs the Community Development Department
to forward the petition to the Warren County Planning Department for its review and comment in
accordance with New York State General Municipal Law §239-M, and
BE IT FURTHER,
RESOLVED, that the Town Board hereby directs the Town Clerk to formally submit the
petition to the Adirondack Park Agency for review and approval in accordance with Article 27 of the
Executive Law, §807, and
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BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs the Town Clerk's Office to
send the Notice of Public Hearing to the Clerk of the Warren County Board of Supervisors, Warren
County Planning Department and other communities or agencies that it is necessary to give written
notice to in accordance with New York State Town Law §265, the Town's Zoning Regulations and
the Laws of the State of New York.
Duly adopted this 19ffi day of November, 2018,by the following vote:
AYES Mr. Strough, Mr. Metivier, Mrs. Atherden, Mr. Ferone, Mrs. Switzer
NOES None
ABSENT: None
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