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165.2008 RESOLUTION ENACTING LOCAL LAW NO.: 3 OF 2008 TO AMEND QUEENSBURY TOWN CODE CHAPTER 179 “ZONING” TO REVISE PARKING REQUIREMENTS RESOLUTION NO. 165, 2008 INTRODUCED BY: Mr. Ronald Montesi WHO MOVED ITS ADOPTION SECONDED BY: Mr. Daniel Stec WHEREAS, the Queensbury Town Board wishes to provide greater flexibility to property owners and project sponsors in providing additional off-street parking when needed for specific projects without increasing the requirements for all projects, and WHEREAS, the Town Board therefore wishes to consider adoption of Local Law No.: 3 of 2008 to amend Queensbury Town Code Chapter 179 “Zoning,” which would revise §179-4-040- (B)(10) to allow a property owner or project sponsor to provide, for property outside of the Adirondack Park, up to 100% more parking than required by the Town Zoning Law if approved by the Town Planning Board, and WHEREAS, this legislation is authorized in accordance with New York State Municipal Home Rule Law §10 and Town Law Article 16, and WHEREAS, the Town Board is duly qualified to act as lead agency and accepts lead agency status for compliance with the State Environmental Quality Review Act (SEQRA) which requires environmental review of certain actions undertaken by local governments, and WHEREAS, the proposed action is an Unlisted Action in accordance with the rules and regulations of SEQRA, and th WHEREAS, on or about February 4, 2008 the Warren County Planning Board considered the proposed Local Law and took no formal action of recommendation, and WHEREAS, the Adirondack Park Agency has advised that the proposed Local Law does not involve provisions of the Adirondack Park Agency Act or the Agency-approved Local Land Use Program and therefore no further review by the Agency is necessary, and th WHEREAS, the Town Board duly held a public hearing on Monday, February 11, 2008 and heard all interested persons, and WHEREAS, a copy of the proposed Local Law has been presented at this meeting and is in form approved by Town Counsel, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board, after considering the proposed action, reviewing the Short Environmental Assessment Form and thoroughly analyzing the action for potential environmental concerns, determines that the legislative amendment will not have any significant effect on the environment, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Town Supervisor to complete the Short Environmental Assessment Form by checking the box indicating that the proposed action will not result in any significant adverse environmental impacts, and BE IT FURTHER, RESOLVED, that the Town Board approves of a SEQRA Negative Declaration or determination that no Environmental Impact Statement is necessary and authorizes and directs the Town Clerk's Office to file any necessary documents in accordance with the provisions of the SEQRA regulations of the Department of Environmental Conservation, and 2 BE IT FURTHER, RESOLVED, that the Queensbury Town Board hereby enacts Local Law No.: 3 of 2008 to amend Queensbury Town Code Chapter 179 entitled “Zoning,” as presented at this meeting, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Queensbury Town Clerk to file the Local Law 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 immediately upon filing with the Secretary of State. rd Duly adopted this 3 day of March, 2008, by the following vote: AYES: Mr. Montesi, Mr. Brewer, Mr. Stec NOES: Mr. Strough ABSENT: None ABSTAIN: Mr. Metivier 3