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LL 03 Zoning Funeral Homes MS to O and MS to NR Alternates STATE OF NEW YORK DEPARTMENT OF STATE ONE COMMERCE PLAZA ANDREW M. CUOMO 99 WASHINGTON AVENUE CESAR A. PERALES GOVERNOR ALBANY, NY 12231-0001 SECRETARY OF STATE March 2, 2012 Darleen M Dougher Town Clerk Town Office Bldg 742 Bay Rd Queensbury NY 12804 RE: Town of Queensbury, Local Law 3 2012, filed on March 2, 2012 Dear Sir/Madam: The above referenced material was filed by this office as indicated. Additional local law filing forms can be obtained from out website, www.dos.state.ny.us. Sincerely, State Records and Law Bureau (518) 474-2755 WMN.DOS.STATE.NY.US E-MAIL:INFO@DOS.STATE.NY.US Local+ cal f'aw Filing NEW YORKSTATE DEPARTMENT OF STATE ry 41 STATE STREn ALBANY,NY 12231 (Use this form to file a local law with the Secretary of State.) Teat of law should be given as amended. Do not include matter being eliminated and do not use italics or underlining to indicate new matter. of-- ----------------------------- ------------------------------------- Vfte Local Law No._----3---------------------------- of the year 20-_1-2 A local lawn-_amex�t -Fla-pt-�r-- -��--== © g -€--�?errsl�trry-- ©tizr}--.Ead�- a�rw Chan�e__Zoning_Of_Certain Prop�r � __ _!' .!__�Q__!!a!�__ j�_From "MS ---------------- To "N " __-(21j]Ldd_-F-Uaex-&L—HQMe-_ Aeview 1 In "e-b Fjl--Zt�,n,e,__ t-3 ---R�vise--�rov�s�z�n � i�tCiif _'Tb'"A7t Ffiate Members Of Planning Board And Zoning Board of Appeals Be it enacted"by the ----------------------------- ------------------- of the wnof------Q ------------------------------------ -------------------------- as follows: Vfte SECTION 1. The zoning designation for properties referenced as tax map parcel numbers 309.7-1-15, 22 and 23 is changed from Main Street(MS)to Neighborhood Residential(NR); and the zoning designation for properties referenced as tax map parcel numbers (a) 309.7-1-11, 12, 13 and 14, (b) 309.10-1-94, 95.1, 95.2, 95.3, 96 and 97 and (c) 309.11-2-24, 25, 26, 27 and 28 is changed from Main Street (MS) to Office(0). The Town of Queensbury's Town Zoning Map is hereby amended to reflect these zoning changes, 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. Table 4 entitled "Summary of Allowed Uses in Industrial Districts" of Queensbury Town Code Chapter 179, "Zoning,'° is hereby amended to add Funeral Home as an allowed use with Site Plan Review in the ac nmercial Light Industrial Zone. U SECTION 3. Section 179-16-060 of Queensbury Town Code Chapter 179 "Zoning,,, Article 16"Administration"is hereby amended to read as follows:. (If additional space is needed,attach pages the saw size as this sheet,and number each.) DOS-239(Rev.11199) (1) § 179-16-060. Planning Board. A. Pursuant to §271 of Town Law, the Town of Queensbury has created a Planning Board. Said Board consists of seven members appointed by the Town Board in such manner and for such terms as provided in the Town Law. The Planning Board shall have all the powers and perform all the duties prescribed by statute and by this chapter. The Planning Board shall have original jurisdiction for site plan review and special use permits and referral jurisdiction on matters as set forth in this chapter. B. The Town Board shall appoint two (2) alternate members of the Planning Board to substitute for any regular member in the event of a conflict of interest or other appropriate factor such as illness, vacation or other absences. The alternate member(s) shall be appointed by Resolution of the Town Board for a term of seven (7) years. The chairperson of the Planning Board may designate an alternate member to substitute for a regular member whenever any regular member is unable to participate in an application or matter before the Board. When possible, the chairperson shall alternate the substitution by the two (2) alternate members so that the alternate members have approximately equal opportunities to serve on the Planning Board to the maximum extent possible. When so designated, the alternate member shall possess all of the powers and responsibilities of such regular member. Such designation shall be entered into the minutes of the initial Planning Board meeting at which the substitution is made. All provisions relating to Board member training and continuing education, attendance, conflict of interest, compensation, eligibility,vacancy in office,removal and service on other Boards shall also apply to alternate members, with compensation provided to the alternate members only for meetings at which they actually serve on the Board. SECTION 4. Section 179-16-070 of Queensbury Town Code Chapter 179 "Zoning," Article 16"Administration"is hereby amended to read as follows: § 179-16-070. Zoning Board of Appeals. A. Pursuant to § 267 of the Town Law, the Town of Queensbury has created a Zoning Board of Appeals consisting of seven members appointed by the Town Board in such manner and for such term as provided in the Town Law. The Zoning Board of Appeals shall have all the powers and perform all the duties prescribed by statute and by this chapter. The Zoning Board of Appeals shall have appellate jurisdiction for all matters pertaining to this chapter pursuant to Article 14 of this chapter (Appeals and Variances). B. The Town Board shall appoint two (2) alternate members of the Zoning Board of Appeals to substitute for any regular member in the event of a conflict of interest or other appropriate factor such as illness, vacation or other absences. The alternate members) shall be appointed by Resolution of the Town Board for a term of seven (7) years. The chairperson of the Zoning Board of Appeals may designate an alternate 2 member to substitute for a regular member whenever any regular member is unable to participate in an application or matter before the Board. When possible, the chairperson shall alternate substitution by the two (2) alternate members so that the alternate members have approximately equal opportunities to serve on the Zoning Board of Appeals to the maximum extent possible. When so designated, the alternate member shall possess all of the powers and responsibilities of such regular member. Such designation shall be entered into the minutes of the initial Zoning Board of Appeals meeting at which the substitution is made. All provisions relating to Board member training and continuing education, attendance, conflict of interest, compensation, eligibility, vacancy in office, removal and service on other Boards shall also apply to alternate members, with compensation provided to the alternate members only for meetings at which they actually serve on the Board. SECTION 5. This Local Law is adopted pursuant to Municipal Home Rule Law and is specifically intended to supersede the provisions of Town Law §267(l 1) and §271(15) that restrict substitution of alternate members of Zoning Boards of Appeal and Planning Boards to instances of conflict of interest. SECTION 6. 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 7. 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 S. 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. 3 Town of Queensbury Table 4 Summary of Allowed Uses in Industrial Districts 2/6/2012 Industrial Use Table Veteran's Field Commercial Light Heavy Industrial Light Industrial Industrial VF-LI CLI HI Adult Use Establishment SUP Agricultural Service Use SPR Asphalt Plant SPR Assembly Operation/Use PU 3 Automobile Service SPR Building Supply/Lumbentard SPR Bus Storage Facility SPR Business Service SPR Cement Manufacturing SPR -- Chemical Plant SPR Construction Company SPR Distribution Center SPR Electric Power Plant SPR Food Service SPR 2 SPR Fuel Supply Depot SPR Funeral Home SPR Health Related Facility_ SPR Heavy Equipment Storage/Sales/Services SPR Heavy Industry SPR Junkyard SUP Light Manufacturing SPR SPR Limousine Service SPR Logging Company SPR Mineral Extraction SUP M bile Home 1 PU 1 Office, Large SPR Office, Small SPR Parking Structure SPR SPR Public or Semi-Public Building SPR Railroad Service or Repair Facility SPR Industrial Use Table Veteran's Field Commercial Light Heavy Industrial Light Industrial industrial VF-LI CLl .H1 Recycling Center SUP SPR Re osession Business SPR Research & Development Facility PU 3 SPR Retail SPR 4 Sand & Gravel Processing SPR Sawmill, Chi piing and Pallet mill SUP SPR School SPR Self Storage Facility SPR Telecommunications Tower SPR SPR Truck Depot SPR SPR TV or Radio Station SPR SPR Veterinary Clinic SPR Warehouse SPR SPR Ln Wholesale Business SPR Key PU: Permitted Use SPR: Site Plan Review Use SUP: Special Use Permit Blank: Not permitted (1)Allowed within those portions of the district failing within the Mobile Home Overlay District. See zoning map. Additional regulations apply (2)Drive-thru windows are not allowed (3)See the Findings Statement for the Veteran's Field industrial Park Environment impact Statement for provisions relating to this district. (4)Commercial uses such as retail and services are allowed with certain restrictions as to sIZ2 grid location. (Complete the certification in the paragraph that applies to the filing of this local law and strike out that which is not applicable.) 1. (Final adoption by local legislative body only.) I hereby certify that the local law annexed hereto,designated as local law No. _-___3 ----------------- of 20-1.2_ of the Cq )C )('Town)(�lage)of----¢ueess� --------------------------- was dulypassed b the ( --- on-----27_th----- 20 12 in accordance with the applicable ro*ions of law. (Name oftega ative Body) 2. (Passage by local legislative body with approval,no disapproval or repassage after disapproval by the Elective Chief Executive Officer'.) I hereby certify that the local law annexed hereto,designated as local law No. ----------------------------------- of 20------ Df the(County)(City)(Town)(Village)of----------------------- -- - was duly passed by the ---------- -------------------------- •---------------------------------------------- on------------------ 20--=,and was(approvedxnot approvedxrepassed after Name oftegisladw Body) Iisapproval)by the----:--------------------------------------------- and was deemed duly adopted on --------=-----=--- 20----, (Elective Chief Ezec ulve Office.•) in accordance with the applicable provisions of law. 3. (Final adoption by referendum.) hereby certify that the local law annexed hereto,designated as local law No. ------------------------------------of 20------ Athe(County)(City)(Town)(ViIlage)of------------------------- -------------------------------------- was duly passed by the ----- on------------------ 20----,and was(approved)(not approvedxrepassed after Name of Legislative Body) iisapproval)by the------------------------------------------------- on------------------- 20----. Such local law was submitted (Elective ChiefEzecwive Officer) o the people by reason of a (mandatory)(permissive)referendum,and received the affirmative vote of a majority of he qualified electors voting thereon at the(generalxspecial)(annual)-election held on------------------ 24--- ,in ,ccordance with the applicable provisions of law. 1. (Subject to permissive referendum and final adoption because no valid petition was filed requesting. referendum.) hereby certify that the local law annexed hereto,designated as local law No. ----------------------------------- of 20------ >f the(County)(City)(Town)(Village)of------------------------- --------------------------------------- was duly passed by the __________________________________________________ on------------------ 20----,and was(approved)(not approvedxrepassed after Name of Legislative Body) lisapproval)by the--------------------------------------------------4on------------------ 20--- . Such local law was subject to (Elective Chief Exeewive Officer*) " permissive referendum and no valid petition requesting suc9 referendum-was filed as of------------------ 20-___ ,in [ccordance with the applicable provisions of law. Elective Chief Executive Officer means or includes the chief executive officer of a county elected on a county- wide basis or,if there be none,the chairperson of the county legislative body,the mayor of a city or village,or the supervisor of a town where such officer is vested with the power to approve or veto local laws or ordinances. ( 6) 5. (City local law concerning Charter revision proposed by petition.) I hereby certify that the local law annexed hereto,designated as local law No------=----------------------------- of 20------ of the City of--------------------------------------------- having been submitted to referendum pursuant to the provisions.of section (36)(37)of the Municipal Home Rule Law,and having received the affirmative vote of a majority of the qualified electors of such city voting thereon at the(special)(general)election-held on------------------- 20----, became operative. 6. (County local law concerning adoption of Charter.) I hereby certify that the local law annexed hereto,designated as local law No.---------------------------------- of 20------ of the County of---------------------------------------------------- State of New York,having been submitted to the electors at the General Election of November---------------------- 20----,pursuant to subdivisions S and 7 of section 33 of the Municipal Home Rule Law,and having received the affirmative vote of a majority of the qualified electors of the cit- ies of said county as a unit and a majority of the qualified electors of the towns of said county considered as a unit voting at said general election,became operative. (If any other authorized form of final adoption has been followed,please provide an appropriate certification.) I further certify that I have compared the preceding local law with the original on file in this office and that the same is a correct transcript therefrom and of the whole of such original local law,and was y adopted in the manner in- dicated in paragraph---1--------above. OL Clerk of tk Coanty k0slative body,try Town or XWW or offim designated by local legislative body (Seal) Date: 2-28-2012 - (Certification to be executed by County Attorney,Corporation Counsel,Town Attorney,Village Attorney or other authorized attorney of locality.) STATE OF NEW YORK COUNTY OF I,the undersigned,hereby certify that the foregoing local law contains the correct text and that all proper proceedings have been had or taken for the enactment of the local law annexed hereto. signature Title County City of Town Village Date: ( 7)rs� JOHN SAL'V'AD OR, JR 37 ALEXY LANE LAKE GEORGE, NY 12845 March 12, 2012 Mr. Daniel G. Stec, Supervisor Town of Queensbury RE: L.L. 3-2012 . 742 Bay Road Queensbury, NY 12804 Dear Mr. Stec, After obtaining a copy of the Town's Local Law No. 3-2012 as it was filed with the .State Records and Law Bureau of the NYState Department of State, I noticed that it is a multipurpose law. Sections 1 and 2 of said local law are for amendments being authorized on the Town's Zoning Map and an amendment to an allowable use in an Industrial Zoning District respectively. These sections of L.L. 3-2012 relate to amendments to Article 16 of the Zoning Ordinance of the Town Code Chapter 179 which were originally adopted pursuant to Town Law, Article 16 (Planning and Zoning). The construction of Section 5 of L.L. 3-2012 would see m to mean that both Sections 1 and 2 as well as Sections ' 3 and 4 have been adopted pursuant to the Municipal Home Rule Law. Y et only Sections 3 and 4 have been singled out as being amended pursuant to the Municipal Home Rule Law. Since the Town Zoning Map and the Allowable Uses in Industrial Districts were originally adopted by the Town Board pursuant to Article 16 of Town Law, it seems proper that these subjects be amended pursuant to the same authority. Under the circumstances that Sections 3 and 4 were meant to supersede Town Law and Sections 1 and 2 were not, it appears that it would have been more logical to have proceeded with two local laws. Please review this matter and advise what means of resolution you propose to correct this incongruent situation. Thanking you in advance for your attention to this m atter, I re m ain - Respectfully yours, RECEIVED ohn S vador, Jr. \ :, UEE54fF CE C r . CC: Members, Queensbury Town Board _ _ Ms. Darleen Dougher, Town Clerk Mr. Craig Brown, Zoning Administrator GENERAL 781 Elmgrove Road NMRochester, NY 14624 p:800/836-8834 fax:585/328-8189 email:sales@generalcode.com 03/05/2012 #279313 Ms. Darieen M. Dougher: The following material has been received and will be processed for inclusion in your Code as supplemental pages (where applicable): LL No. 3-2012 Town of Queensbury C/O Clerk's Office 742 Bay Road Queensbury, NY 12804 till 1111111I121111111IIIIIIIIII}IISIIIIIIl1III1I11�1tI1'If��14 COMPLETE • • ON ■ Complete items 1,2,and 3.Also complete A. Sig re item 4 if Restricted Delivery is desired. X , ❑Agent ■ Print your name and address on the reverse ❑Addressee. so that we can return the card to you. B. Received by(Printed e) C. Date of Delivery ■ Attach this card to the back of the mailpiece, or on the front if space permits. D. Is delivery address different frorttitem 11 ❑Yes 1. Article Addressed to: If YES,entoW d 0VW Address be)ork:_-_.,Q No C'C"r j C.oaq- `tea C"o 3. Service Ty ❑Certified I f1_ .�pgres�l'dlaiil ❑Registered '0-Retum Receipt for Merchandise ❑Insured Mail ❑C.O.D. Z17� —1 4. Restricted Delivery?(Extra Fee) ❑Yes 2. 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