Loading...
LL 06 Amend Ch. 179 to change certain Properties from MDR TO RR-3A New York State Department of State ,4 Division of Corporations, State Records and Uniform Commercial Code One Commerce Plaza, 99 Washington Avenue Local Law Filing Albany, 12231-0001 www.dos.state.ny.us/corps (Use this form to file a local law with the Secretary of State.) Text of law should be given as amended. Do not include matter being eliminated and do not use italics or underlining to indicate new matter. ❑County ❑City []Town ❑Village (Select one:) of Queensbury Local Law No. 6, of the year 20 13 A local law To Amend Queensbury Town Code Chapter 179 "Zoning" (Insert Title) To Change Zoning of certain Prnpt=rt i e= f rQW"MpR To RR _�Aii Be it enacted by the Town Board of the (Name of Legislative Body) ❑County ❑City E3Town ❑Village (Select one.) of Queensbury as follows: SECTION 1. The zoning designation for properties referenced as tax map parcel numbers 290.10-1-5.1 290.10-1-11 290.10-1-5.2 290.14-1-1 290.10-1-6 290.14-1-2 290-10-1-7 290.14-1-3 290-10-1-8 290.14-1-5 290.10-1-9 290.14-1-7.1 290-10-1-10 290.14-1-7.2 is changed from Moderate Density Residential (MDR) to Rural Residential 3 Acre (RR-3A). 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. The invalidity of any clause, sentence, paragraph or provision of this Local Law shall not invalidate any other clause, sentence,paragraph or part thereof. (If additional space is needed, attach pages the same size as this sheet, and number each.) DOS-0239-f-I (Rev.06/12) 1 Page 2 of 4 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Local Laws or ordinances or parts of Local Laws or ordinances in conflict with any part of this Local Law are hereby repealed.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. 2 (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. of 20 13 of the (jgRn &(r�jtk(Town} I * of — Queenstaur jr was duly passed by the PQard on 1 2/1 6/ 20 13 in accordance with the applicable (Name of Legisla ive Body) provisions of law. 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 of the (County)(City)(Town)(Village) of was duly passed by the on 20 , and was (approved)(not approved) (Name of Legislative Body) (repassed after disapproval) by the and was deemed duly adopted (Elective Chief Executive Officer*) on 20m, in accordance w ith the applicable provisions of law. 3. (Final adoption by referendum.) I hereby certify that the local law annexed hereto, designated as local law No. of 20 of the (County)(City)(Town)(Village) of was duly passed by the on 20 , and was (approved)(not approved) (Name of Legislative Body) (repassed after disapproval) by the on 20 (Elective Chief Executive Officer*) Such local law was submitted to the people by reason of a (mandatory)(permissive) referendum, and received the affirmative vote of a majority of the qualified electors voting thereon at the (general)(special)(annual) election held on 20 , in accordance with the applicable provisions of law. 4. (Subject to permissive referendum and final adoption because no valid petition was filed requesting referendum.) I hereby certify that the local law annexed hereto, designated as local law No. of 20 of the (Cou nty)(C ity)(Town)(Village) of was duly passed by the on 20 , and was (approved)(not approved) (Name of Legislative Body) (repassed after disapproval) by the on 20 . Such local (Elective Chief Executive Officer*) law was subject to permissive referendum and no valid petition requesting such referendum was filed as of 20 , in accordance 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. DOS-0239-f-I (Rev.06112) ( 3) Page 3 of 4 5. (City IoGal 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 5 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 cities 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,nas finally adopted in the ner indicated in paragraph _I_ above. Clerk f county legislative body,64p, own or'd>flmje Clerk or officer designated by local legislative body (Seal) Date: DOS-0239-f-I (Rev.06/12) ( 4) Page 4 of 4 TOWN OF QUEENSBURY 742 Bay Road, Queensbury, NY 12804-5902 518-761-8201 January 13, 2014 New York State Dept. of State One Commerce Plaza 99 Washington Avenue Albany,NY 12231-0001 To Whom It May Concern: Enclosed please find Local Laws 5, 6, and 7 of 2013. Please be advised that I received notification that you could not file Local Laws 6 and 7 because you did not have a Local Law 5 on file. We sent Local Law 5 on December 3, 2013 certified mail. However,we neglected to notice that we did not receive the green card back from you. I am under the assumption that it got lost in the mail. Therefore, I am enclosing all three Local Laws to be filed in your office. If you have any questions please feel free to contact this office. Respectfully, Rose Mellon Deputy Town Clerk 11 Town of Queensbury Enc. "HOME OF NATURAL BEAUTY . . . A GOOD PLACE TO LIVE" SETTLED 1763 w tp 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 January 9, 2014 Rose Mellon Deputy Town Clerk II 742 Bay Road Queensbury NY 12804-5902 Re: Town of Queensbury Dear Sir/Madam: The above-referenced materials are being returned for the following reason(s): Local laws must be filed-in numerical order. To date,there is no record of local law No. 5 having been filed. Therefore, we are unable to file the enclosed law(s) at this time. Sincerely, Linda Lasch Principal Clerk Bureau of State Records (518) 474-2755 LL:cvw WWW.DOS.NY.GOV E-MAIL.INFO@DOS.NY.GOV TOWN OF QUEENSBURY 742 Bay Road, Queensbury, NY 12804-5902 518.761-8201 December 23, 2013 New York State Department of State 41 State Street Albany, NY 12231 To Whom It May Concern: Enclosed please find the following: Local Law 6 of 2013 entitled, Resolution Adopting SEQRA Negative Declaration and Enacting Local Law No.: 6 of 2013 to Amend Queensbury Town Code Chapter 179 "Zoning"to Change Zoning of Certain Properties from "MDR"to "RR-3A"; Local Law 7 of 2013 entitled, Resolution Adopting SEQRA Negative Declaration and Enacting Local Law No.:7 of 2013 to Amend Queensbury Town Code Chapter 179 "Zoning" Relating to the Main Street Zoning District. I have also enclosed zoning maps for each local law. Please be advised,the map that goes with Local Law 6 is the same one that goes with Local Law 7.The Main Street zoning Boundary(Local Law 7) did not change; it was just a text amendment. If you have any questions please feel free to contact this office. Respectfully, -AZv,A�, PA 0-,,,�_ Rose Mellon Deputy Town Clerk II Town of Queensbury enc. cc: General Code Publishers & "HOME OF NATURAL BEAUTY . . . A GOOD PLACE TO LIVE" SETTLED1763 TOWN OF QUEENSBURY 742 Bay Road, Queensbury, NY 12804-5902 518-761-8201 Postal Er m (Domestic For delivery minformation ; , C3 Er Postage $ December 23, 2013 ru C3 Certified Fee C3 Postmark C3 Return Receipt Fee Here (Endorsement Required) C3 Restricted Delivery Fee Cr (Endorsement Required) m C3 Warren County Planning Department Total Postage&Fsea $ Warren County Municipal Center o Sent To 1340 State Route 9 1 _______ r� t _ 1�, S �s Street,Apt.No.:Wc�,C CC VVX, ;;C-zl PcLk Lake George, NY 12845 or PO Box No. City,State ZIP+ C--"— Iry To Whom It May Concern: PS Form 3800,June 2002 NSee Reverse for instructions Enclosed please find the following: • Certified copies of resolutions 481 &482, 2013. • Local Law 6 of 2013 entitled, Resolution Adopting SEQRA Negative Declaration and Enacting Local Law No.: 6 of 2013 to Amend Queensbury Town Code Chapter 179 "Zoning"to Change Zoning of Certain Properties from "MDR" to "RR-3A"; and Local Law 7 of 2013 entitled, Resolution Adopting SEQRA Negative Declaration and Enacting Local Law No.:7 of 2013 to Amend Queensbury Town Code Chapter 179 "Zoning" Relating to the Main Street Zoning District. • Zoning maps for each local law. Please be advised,the map that goes with Local Law 6 is the same one that goes with Local Law 7.The Main Street zoning Boundary(Local Law 7) did not change; it was just a text amendment. If you have any questions please feel free to contact this office. Respectfully, SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY - 7 ■ Complete items 1,2,and 3.Also complete A. Signature item 4 if Restricted Delivery is desired. X ❑Agent ■ Print your name and address on the reverse ❑Address Rose Mellon so that we can return the card to you. c iveci.El�r.( Tinted ame) C. Date of Deliw ■ Attach this card to the back of the mailpiece, ""��r// r C! Deputy Town Clerk II or on the front if space permits. u"t e— TownofQueensbury 1. Article Addressed to: D. Is�p� ffe�entfromiteml? ❑Yes /. If YES,eV�enn e�elt r ad ^❑No �43C�(`eve, l p. ���+iwv ` V enc. ��-CC�2r�,�p.YUlu,wi.C��1 G-Q'v'v�a� •WA :I Gill 11 10A ���� ` 3. Service Type `)^ 91 Certified Mall ❑Express Mail Registered ❑Return Receipt for Merchand `✓,� ❑Insured Mail ❑C.O.D. v 4. Restricted Delivery?(Extra Fee) ❑Yes "HOME OF 1 2. Article Number 7005 0390 0002 9053 9369 (Transfer from service label) RESOLUTION ADOPTING SEQRA NEGATIVE DECLARATION AND ENACTING LOCAL LAW NO.: 6 OF 2013 TO AMEND QUEENSBURY TOWN CODE CHAPTER 179 "ZONING" TO CHANGE ZONING OF CERTAIN PROPERTIES FROM "MDR" TO "RR-3A" RESOLUTION NO.: 481,2013 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr.John Strough WHEREAS, the Queensbury Town Board is considering a request to amend the zoning designations for the following certain properties along the east side of Rockwell Road in the Town of Queensbury: 290.10-1-5.1 290.10-1-9 290.14-1-3 290.10-1-5.2 290.10-1-10 290.14-1-5 290.10-1-6 290.10-1-11 290.14-1-7.1 290-10-1-7 290.14-1-1 290.14-1-7.2 290-10-1-8 290.14-1-2 from Moderate Density Residential (MDR)to Rural Residential 3 Acre (RR-3A), and WHEREAS, the Town Board wishes to consider adoption of proposed Local Law No.: 6 of 2013 to amend Queensbury Town Code Chapter 179 by amending the official Town Zoning Law and Map to reflect such changes as set forth above, and WHEREAS, on or about December 12'h, 2013 the Warren County Planning Department considered the proposal and determined that there would be no County impact, and WHEREAS, before the Town Board may amend, supplement, change, or modify its Zoning Law and 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 a public hearing, heard all interested parties and closed the public hearing concerning the proposed rezoning on Monday, December 16th, 2013, and WHEREAS, as SEQRA Lead Agency, the Town Board has reviewed a Full Environmental Assessment Form to analyze potential environmental impacts of the proposed rezoning, 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.: 6 of 2013 as presented at this meeting, hereinafter referred to as the"legislation," NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby determines that the proposed legislation will not have any significant adverse environmental impact and a SEQRA Negative Declaration is made, and the Town Clerk and/or Zoning Administrator are authorized and directed to file and publish a SEQRA Negative Declaration - Notice of Determination of Non-Significance with respect to the legislation, and BE IT FURTHER, RESOLVED, that the Town Board hereby adopts Local Law No.: 6 of 2013 to Amend Chapter 179 "Zoning"of Queensbury Town Code to amend the Queensbury Town Zoning Law and Map to rezone certain properties along the east side of Rockwell Road as set forth in the preambles of this Resolution from Moderate Density Residential (MDR)to Rural Residential 3 Acre(RR-3A), and 2 BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Queensbury 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 Queensbury 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. Duly adopted this 16'h day of December, 2013, by the following vote: AYES: Mr. Clements, Mr. Strough,Mr. Brewer,Mr. Montesi, Mr. Metivier NOES: None ABSENT: None 3 m e � For delivery Information visit our website at www.usps.come 117 Ln C3 �^ Postage $ S C(� ► ►3 (dy0�� ru p Certified Fee 29 Return Receipt Fee Postmark (Endorsement Required) Here Qom-, Restricted Delivery Fee G0. frY (Endorsement Required)Total Postage&Fees $ S 1 / Ln aD ►3 C7 Sent-To o , r~ - ............................ Apt -PO Box No------ AL}.L�,� C' ,State,ZIP+4 Lhzeicz.PA +� � + PS Form '� �` V :rr 002 See Reverse for Instructions m ,. For delivery information visit our website at www.usps.come c Cr Postage 1 Certified Fee C3 Postmark C3 Return Recelpt Fee (Endorsement Required) Here Restricted Delivery Fee M (Endorsement Required) C3 Total Postage&Fees $ r Ln If Sew To $tree{,Apt.No.; /{ � or PO Ci State,ZlP+4 ' ��--•-'--'-'-•-'-'-�---"-'-' :�� �� 100 5 0.6 h4 poi 4-P , 0y Q,0 ti ,�0 • sQ\o °o A ci • 5 2aQa�a A5 o o m p0 • m`0 Qell 0` ♦ :0 r r�� 6 . 'J aQ"0 50$`o� , �aa�� •\ !` ,ZOp Ag 0 of mac;° y 4° a Q� SENDER:COMPLETE THIS SECTION COMPLETE THIF SECTION ON DELIVERY ■ Complete items 1,2,and 3.Also complete nat item 4 if Restricted Delivery is desired. Agent ° ■ Print your name and address on the reverse 4�� e so that we can return the card to you. B, Received by(Printed Name) 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 from item 1? Eryles 1. Article Addressed to: If YES,enter delivery address below: CI No Q C31�► t 3. Service Type � 0 Certified Mail ❑Express Mail 1 ^ 1-.3 IL-) ❑Registered ❑Return Receipt for Merchandise ❑Insured Mail 13 G.O.D. 4. Restricted Delivery?(Extra Fee) ❑Yes z. Artic(Man ferfroNumber 7005 039fJ OG�00 9053 9383 (Il'ansfer from service label) Cam•.. 3811,February 2004 Domestic Return Receipt 102595-02-M-1540; ^ oTiCA GENERAL �. ? M" l K'Y: N. l x i•..d..tl' 1� '^#. tea._ Rochester, NY 14624 p:800/836-3834fax: email:sales@generalcode.com 1 2.3 1/2O 3 #29478O r- Ms. Darleer, M. Rougher. t The following mcterial has been received, and we have determined that no changes to your code are requnted: N,. 6-2013 to LL No, 7-201:3 Town of Queensbury C/O Clerk's Office 742 Say Road Queensbury, NY 12804 frj�t��;tllj�ij11 �1l��II;�, Ir!) 1� �l,Illll,liltl�lsll►11 ,11 1 7 0 o No tn � oon o o � � = suoo - o �, o o O � C)' A> CAD n o O I . Q � -c � Qo 0o � o' Dp D � x 1 = 0 m 0 C) z x O z � � m -v � z ep xl"� 3 -0 cm o m - m a -< m - < I CD O O O CD• m ---�,, �• CD• O A� A� CD O Q Op :7 �, 3 0 c m m07--------------- 1-2 C CD o o 7, o o �. cn � m � -a m � Q m o b'' 1 C (Q -s C� cQ CD A) Sy Q CAD < N y TI CD CD A� V� CQ• CD CD _ O 0-co N co �' ID Q O � g m I I — CD CD CD CD �_ 0 Q CQ 00 0 CD CO Z�a � 5- o m o 3 C� a r 1 + Q n. n. n• �• O O C CD (D Q 0 O � O= O CD -T-I o < a -� o I (n W O � O 0 QL CD p N Q © CD m cn � Q o m r+ r+ � . CD CD o N o � cQ 3 � �, � � ocn3E CD M � Cn (n W N `< (Q _0CD Q cn T. CD CD A� C o -t in O �D 5c3 m �' D � cn n � ID I r-� _0 CD C7 3 CD '_': �• CQ 0 r Cn CD o � � � � 3 � � ° � � o �" I = ,�- �' CD O �' < CD A) 0 o — CD Q ,{ D O —I cp cn _. _. o — o �-� a �' m a o p I — (Q cn '� 3 CD CD �_ W Ul Q• O D CD j rz� p � -t CD. — r. N cn \ `V ` V cn o —• m 00 0 °6 cn < a o _< �, m /� i n CD• n• CD CD D D -p ® CD -s •--�. C, Q. � iJ, CD mom- ' m � m � mm 1 n �? . D o CD o cn O 0 Q CT r _ — —— 1 ^ ^ ^ z ao CD CD 77 T cn o , —_ _— — — 1 n z C W Ul ^ ,-� r r O ,— (D CD �F _ - - r C) .� D D m -p n C) � �• -� O N `< � 1 CD CD Q N D D i �00 I _ -- 1 � r l � - } 3 � a ' ---� n i ; i Ilod (D r � n ♦ .. ]�7 40 00 logo CD -001 now i - �• v. t �� R -D i r t t r � r ♦ 1 j ` 1 J , % s . ♦ N . 'ter � �`� � ,,� 4. � III I y y ,� � � ,y�� , � - ..• ... ..• � � -_- \ III ' I � v. 5 JRP M r q r n m _-r_.__-==�_ 1 1, 1 CD ` � q 3 n ,� � 70 C) N•- z Y r- r ` ✓ , 7 — o w ~ '`\ 3- D 1 \ N ~ 0 ti X o f o T �' r n v �- l i _ Al OD N OD No H vDoLVgVS � I �-Hsi T / c. ► 1 pS , 0 O CD O I d Z CD N CT � i CD N --- cn 0 - ZS CD ( I 1 bC) z 1� D ° C) CD co 1 1 l \ 1