104.2019 LL 1, 2019 Kubricky John and Sons
RESOLUTION ENACTING LOCAL LAW NO.: 1, 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. 104, 2019
INTRODUCED BY: Mr. George Ferone
WHO MOVED ITS ADOPTION
SECONDED BY: Mrs. Jennifer Switzer
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
th
WHEREAS, on July 17, 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
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
2
thth
concerning the proposed rezoning on Monday, January 28, Monday, February 11, Monday, March
thst
18 and Monday, April 1, 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.: 1, 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.: 1, 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.
3. That the Dream Lake Road access shall be gated and closed and only be used in
the case of emergencies.
3
4. Signs indicating that mine access is only on Ridge Road shall be placed on Bay
Road to the North and South of the entrance to Dream Lake Road for a period of
at least one (1) year.
5. That the above shall occur:
A. Within 16 months of Final Planning Board approval for the expansion of
the mining operation on any of tax map nos: 279.-1-48, 279.-1-72, 279.-1-
73 or 279.-1-59.2;
B. Prior to the commencement of any expansion not requiring Planning Board
approval on any such tax map parcels, whichever comes first.
6. The Applicant’s and Kubricky John and Sons, Inc.’s written consent to the
rezoning and the above conditions shall be filed in the Town Clerk’s Office within
ten (10) 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,
4
RESOLVED, that this Resolution shall take effect immediately.
st
Duly adopted this 1 day of April, 2019, by the following vote:
AYES : Mrs. Atherden, Mr. Ferone, Mrs. Switzer, Mr. Strough
NOES : None
ABSENT : Mr. Metivier
5