LL 01 Amend Code 179 Zoning Kubricky & Sons from Moderate Density to RR-5 STATE OF NEW YORK
DEPARTMENT OF STATE
ONE COMMERCE PLAZA ANDREW M. CUOMO
99 WASHINGTON AVENUE GOVERNOR
ALSANY,NY 12231-0001 ROSSANA ROSADO
WWW.DOS.NY.GOV SECRETARY OF STATE
April 17, 2019 PAA q4i
. a
Town of Queensbury p,P4
742 Bay Road
Queensbury, NY 12804-5902 DER
RE: Town of Queensbury, Local Law 1 2019, filed on 4/9/2019
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
"EWYORK Department
51"ATF OF �r
OPPORTUNITY of State
TOWN OF Q UEENSB URY
742 Bay Road, Queensbury, NY 12804-5902 518-761-8201
April 3, 2019
New York State Dept. of State
Division of Corporations, State Records &
Uniform Commercial Code
One Commerce Plaza, 99 Washington Ave.
Albany,NY 12231-0001
To Whom It May Concern:
Enclosed please find a copy for your filing of Local Law 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)with Zoning Map that was adopted at the Regular Meeting
of the Queensbury Town Board on April 1", 2019.
If you have, any questions please feel free to contact my office.
Respectfully,
i
Ck
Karen A. O'Brien
Deputy Town Clerk II
Town of Queensbury
Enc.
cc: General Code Publishers
"HOME OF NATURAL BEAUTY...A GOOD PLACE TO LIVE"
SETTLED 1763
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
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
Municipal Home Rule Law and the Town of Queensbury Zoning Laws, and
2
WHEREAS, the Town Board duly conducted public hearings and heard all interested parties
concerning the proposed rezoning on Monday, January 28`h, Monday, February I11h, Monday,
March 18`h 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
3. That the Dream Lake Road access shall be gated and closed and only be used in
the case of emergencies.
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
4
BE IT FURTHER,
RESOLVED,that this Resolution shall take effect immediately.
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
New York State Department of State
+► Division of Corporations,State Records and Uniform Commercial Code
One Commerce Plaza,99 Washington Avenue
Albany,NY 12231-0001
Local Law Filing www.dos.state.ny.uslcorps
(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 EjVillage
(select one:)
Of
Local Law No. 1 , of the year 20 19
ter 179 "zoning"
A local law
(InseitTitle) of Pro pert Owned by Kubricky John And
h n e Zonin
Sons, Inc. , From Moderate Density Residential (MDR) To
Rural Residential Five Acre (RR-5)
Be it enacted by the
Town Board of the
(Name orLegislative Body)
❑County ❑City ®Town ❑Village
(Se►ectonej as follows:
of Queensbury •
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.
(If additional space is needed,attach pages the same size as this sheet,and number each.)
( 1 )
DOS-0239-f-I (Rev.06/12) Page 2 of 4
(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 9 of
the( tky}MRi (Town)(1/A of Oueensbury was duly passed by the
Town Board on- 4/1 _20 19 , in accordance with the applicable
(Name of Legislative 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.)
1 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(County)(City)(Town)(Village)of was duly passed by the
(Name of Legislative Body) on 20 , and was(approved)(not approved)
(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-023944 (Rev.06/12) (2)
Page 3 of 4
,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 6 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 offi that the same is a
correct transcript therefrom and of the whole of such original local la nd was finally ado d in th manner indicated in
paragraph , � above. �
Clerk of the county'legislative body, own or Village Clerk or
officer designated by local legislative body
(Seal) Date:
DOS-0239-f-I (Rev.06/12) (3)
Page 4 of 4
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