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146.2019 Adopt LL 4, 2019 Waterfront Residential Protect Waterbodies RESOLUTION ADOPTING SEQRA NEGATIVE DECLARATION AND ENACTING LOCAL LAW NO.: 4, OF 2019 TO AMEND QUEENSBURY TOWN CODE TO MAKE CERTAIN CHANGES TO WATERFRONT RESIDENTIAL ZONES TO BETTER PROTECT TOWN WATERBODIES RESOLUTION NO. 146, 2019 INTRODUCED BY: Mrs. Catherine Atherden WHO MOVED ITS ADOPTION SECONDED BY: Mr. Anthony Metivier WHEREAS, the Queensbury Town Board wishes to consider adoption of Local Law No.: 4 of 2019 to amend its Zoning Law to make certain changes to its waterfront residential zones in an effort to improve its land management practices to better protect the Town’s waterbodies and water quality, and WHEREAS, before the Town Board may amend its Zoning Law, 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 Law, and WHEREAS, in accordance with General Municipal Law §239-m, the Town must first refer the proposed Local Law amendments and obtain a recommendation from the Warren County Planning Department before enacting the legislation, and WHEREAS, in accordance with General Municipal Law §239-m, the Town duly referred the proposed Local Law to the Warren County Planning Department which by Project Review and Referral Form dated April 30, 2019 found that the Project would not create any significant intermunicipal or countywide impacts to the items identified in General Municipal Law §239, and WHEREAS, the Town must also obtain approval of the Adirondack Park Agency (APA) for the proposed Zoning Law amendments prior to adoption, and WHEREAS, the Town of Queensbury amendments comply with and are in furtherance of approval standards contained in §807 of the Adirondack Park Agency Act and 9 NYCRR Part 582 of Agency regulations, and WHEREAS, by letter dated April 25, 2019, the APA advised that it reviewed and applauded the Town’s proposed revised Zoning Law amendments, with the exception of a minor language change the APA requested pertaining to vegetative cutting restrictions, and WHEREAS, the Town Board concurs with the APA’s proposed minor language change related to vegetative cutting restrictions and it has been accordingly incorporated into the proposed amendments, and WHEREAS, by letter dated May 3, 2019, the APA advised that it accordingly approved the proposed revised Zoning Law amendments, and th WHEREAS, the Town Board duly conducted a Public Hearing on Monday, May 6, 2019 concerning proposed Local Law No. 4 of 2019, heard all interested parties and closed the Public Hearing, and WHEREAS, the Town Board, as Lead Agency for the environmental review required under the State Environmental Quality Review Act (SEQRA), has reviewed a Full Environmental Assessment Form to analyze potential environmental impacts of proposed Local Law No.: 4 of 2019 and found that no significant adverse environmental impacts are expected to result, and WHEREAS, the Town Board has considered the conditions and circumstances and wishes to consider adoption of Local Law No.: 4 of 2019 as presented at this meeting, hereinafter referred to as the “legislation,” 2 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 authorizes and directs the Town Clerk and/or Director of Planning, Zoning and Code Compliance 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 approves and adopts Local Law No.: 4 of 2019 – A Local Law to Amend Chapter 179 “Zoning” of Queensbury Town Code to Make Certain Changes to Waterfront Residential Zones to Better Protect Town Waterbodies in substantially the form presented at this meeting, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Queensbury Town Clerk to submit approved Local Law No. 4 of 2019 to the New York State Secretary of State for filing, in accordance with the provisions of the Municipal Home Rule Law, and acknowledges that the Local Law will take effect immediately upon filing by the Secretary of State, 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 approved Local Law No.: 4 of 2019 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 3 BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Clerk, Town Zoning Administrator and/or Town Counsel to take any other actions necessary to effectuate the intent and provisions of this Resolution. th Duly adopted this 6 day of May, 2019, by the following vote: AYES : Mr. Metivier, Mrs. Atherden, Mr. Ferone, Mr. Strough NOES : None ABSENT : Mrs. Switzer 4