2.2 2.2
ZONING\Rezoning-Amend&Approve—Kubricky John and Sons—Fort Miller—Sand and Gravel Extraction—3-18-19
RESOLUTION ENACTING LOCAL LAW NO.: OF 2019 TO AMEND
QUEENSBURY TOWN CODE CHAPTER 179 "ZONING" 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. ,2019
INTRODUCED BY:
WHO MOVED ITS ADOPTION
SECONDED BY:
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 in the Town of Queensbury (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 17th, 2018, the Town Planning Board reviewed such Application and
adopted a Resolution recommending the rezoning request as favorable, and
WHEREAS, on or about December 13, 2018, the Warren County Planning Department
considered the proposal and determined that the Project would not create any significant
Intermunicipal or Countywide impacts, 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, 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, on or about December 13, 2018, the APA advised that it had reviewed and
approved the proposal, 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
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Municipal Home Rule Law and the Town of Queensbury Zoning Laws, and
WHEREAS, the Town Board duly conducted public hearings and heard all interested
parties concerning the proposed rezoning on Monday, January 28th, 2019 and Monday, February
11", 2019, and
WHEREAS, the Town Board has considered the conditions and circumstances of the area
affected by the rezoning, and
WHEREAS, the Town Board wishes to consider adoption of Local Law No.: _of 2019 as
presented at this meeting to amend Queensbury Town Code Chapter 179 by amending the official
Town Zoning Map to reflect such changes as set forth above,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby adopts Local Law No.: of 2019
to Amend Chapter 179 "Zoning" of Queensbury Town Code to Change Zoning of Certain Property
from MDR to RR-5, such property currently owned by Kubricky John and Sons, Inc., and
identified as Tax Map No.: 279.-1-48 located at 1359 Ridge Road in the Town of Queensbury as set
forth in the preambles of this Resolution, and
BE IT FURTHER,
RESOLVED, that in furtherance of protection of and benefit to the public, such zoning
amendment shall be subject to the following five(5) conditions:
1. The Fort Miller Company, Inc. shall construct a road connecting their current
mining operation and Ridge Road, using the property in question.
2. That road shall be their primary road for their mining operations and any other
related traffic.
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3. That the Dream Lake Road access shall be gated and closed and only be used in
the case of emergencies.
4. That the above shall occur:
A. Within 16 months of Final Planning Board approval for the expansion
of the mining operation on either tax map no.: 279.-1-4-8 or 279.-1-72;
or
B. Prior to the commencement of any expansion not requiring Planning
Board approval on either such tax map parcel, whichever comes first.
S. The Applicant's written consent to the rezoning and the above conditions shall
be filed [in the Town Clerk's Office] within days of adoption of this
Resolution.
and
BE IT FURTHER,
RESOLVED, that the Town Board hereby authorizes and directs the Town Clerk to file the
Local Law and the official Town Zoning Map, as amended, 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 upon such filing, and
BE IT FURTHER,
RESOLVED, that the Town Board hereby authorizes and directs the Town Clerk to send a
copy of this Resolution and a copy of the Local Law and Zoning Map 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 this Resolution shall take effect immediately.
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Warren County Planning Department Dec18-03
Project Review and Referral Form
Reviewed by Department on December 13, 2018
Project Name: Town of Queensbury
Owner: Kubricky and Sons
ID Number: QBY-I8-ZC-2019
County Project#: Dec18-03
Current Zoning:
Community: Queensbury
Project Description:
Applicant proposes to change zoning of property from Moderate Density Residential to Rural Residential Five Acre.
Site Location:
1359 Ridge Road
Tax Map Number(s):
279.1-48
Staff Notes:
The Warren CountyPlanning Department finds that the project will not create any significantinter-munici pal or county-wide
impacts to the items identified in GML§239.
Local actions to date(if any):
County Planning Department:
NCI
Local Action:/Final Disposition:
4<"*"e�
12/13/2018
W arren County Planning Department Date Signed Local Official Date Signed
PLEASE RETURN THIS FORM TO THE WARREN COUNTY PLANNING DEPARTMENT WITHIN 10 DAYS OF FINAL ACTION
NEWYORK Adirondack
STATE OP
QPPORTllIV1TY: Park Agency
KAREN iFEEDA4AN TERRY MARTINO
Acting Chair Executive Director
December 18, 2018
Mr. John Strough III
Town of Queensbury Supervisor
742 Bay Road
Queensbury, NY 12804
Re: Town of Queensbury Proposed Zoning Amendment Re-zoning Parcel 279.4-
48 from Moderate Density Residential (MDR) to Rural Residential Five Acre (RR-
5A)
Dear Supervisor Strough:
The Agency has reviewed the proposed amendment to the Town of Queensbury's
Agency-approved Local Land Use Program (ALLUP) received on November 30, 2018.
This letter serves as documentation that the proposed amendment to the Town of
Queensbury zoning map re-zoning parcel # 279.-1-48 from MDR to RR-5A, 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 revised
Zoning Map, please provide the Agency with copies so staff can maintain an up-to-date
file of the Town's local laws.
Sincerely,
4c�
Terry Martino
Executive Director
TM:REB:sas
Enclosure
cc: Caroline Barber, Town Clerk
Craig Brown, Director of Planning, Zoning & Codes
Dave Hatin, Code Enforcement Officer
Chris Hunsinger, Planning Board Chair
Harrison Freer, Zoning Board of Appeals Chair
P.O.Box 99.1133 NYS Route 86-Ray Brook,NY 12977•Tel:518 891-4050•Fax:518 891-3938•www.apa.ny.gov
Chapter 179—Zoning-Amend Zoning Map—Fort Miller Company—1359 Ridge Road-3-18-19
LOCAL LAW NO.: OF 2019
A LOCAL LAW TO AMEND CHAPTER 179 "ZONING" OF
QUEENSBURY TOWN CODE TO CHANGE ZONING OF
CERTAIN PROPERTY FROM "MDR" TO "RR-5"
BE IT ENACTED BY THE TOWN BOARD OF THE TOWN OF
QUEENSBURYAS FOLLOWS.
SECTION 1. The zoning designation for a parcel of property referenced as tax map parcel
number: 279.-1-48 located at 1359 Ridge Road in the Town of Queensbury is changed from
Moderate Density Residential (MDR) to Rural Residential Five Acre (RR-5). The Town of
Queensbury's Town Zoning Map is hereby amended to reflect this zoning change and the Map
appended to this Local Law is hereby adopted as the official Town Zoning Map of the Town of
Queensbury and supersedes the previously adopted Town Zoning Map.
SECTION 2. 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 3. 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 4. 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.
1
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