543.2004
RESOLUTION ADOPTING DETERMINATION OF NON-SIGNIFICANCE
AND REAFFIRMING ENACTMENT OF LOCAL LAW NO. 6 OF 2004 TO
AMEND QUEENSBURY TOWN CODE CHAPTER 179 “ZONING” TO
CREATE AN UNDERGROUND UTILITIES OVERLAY DISTRICT
RESOLUTION NO. 543, 2004
INTRODUCED BY: Mr. Tim Brewer
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. John Strough
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WHEREAS, after duly conducting a public hearing on July 26, 2004, the Queensbury Town
Board, by Resolution No. 364, 2004, enacted Local Law No. 6 of 2004 to amend Queensbury Town
Code Chapter 179 entitled “Zoning,” Article 4 entitled "Schedule of Regulations" by adding a new
section 179-4-110 entitled “Underground Utilities Overlay District,” to create an Underground
Utilities Overlay District in the Town of Queensbury (Local Law), and
WHEREAS, such legislation is authorized in accordance with New York State Municipal
Home Rule Law §10 and Town Law Article 16, and
WHEREAS, the Executive Director of Community Development forwarded copies of the
Local Law and Resolution to the Warren County and Town of Queensbury Planning Boards for
review and recommendation, and
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WHEREAS, on or about October 26, 2004, the Queensbury Planning Board considered the
Local Law and adopted a Resolution recommending approval of the Local Law, and
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WHEREAS, on or about September 8, 2004, the Warren County Planning Board also
considered the Local Law and recommended approval, and
WHEREAS, the Town Board wishes to conduct a State Environmental Quality Review Act
(SEQRA) environmental review of the Local Law, and
WHEREAS, a copy of the Local Law and Short Environmental Assessment Form have been
presented at this meeting and are in form approved by Town Counsel,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board, after considering Local Law No. 6 of 2004 to
amend Queensbury Town Code Chapter 179 entitled “Zoning,” Article 4 entitled "Schedule of
Regulations" by adding a new section 179-4-110 entitled “Underground Utilities Overlay District,”
to create an Underground Utilities Overlay District in the Town of Queensbury, reviewing the
Environmental Assessment Form and thoroughly analyzing the Local Law for potential environmental
concerns, determines that the Local Law will not have a significant effect on the environment, and
BE IT FURTHER,
RESOLVED, that the Town Board hereby authorizes and directs the Town Supervisor to
complete the Environmental Assessment Form by checking the box indicating that the Local Law will
not result in any significant adverse impacts, and
BE IT FURTHER,
RESOLVED, that the Town Board approves of a Negative Declaration and authorizes and
directs the Town Clerk's Office to file any necessary documents in accordance with the provisions of
the general regulations of the Department of Environmental Conservation, and
BE IT FURTHER,
RESOLVED, that the Town Board hereby reaffirms enactment of Local Law No. 6 of 2004 to
amend Queensbury Town Code Chapter 179 entitled “Zoning,” Article 4 entitled "Schedule of
Regulations" by adding a new section 179-4-110 entitled “Underground Utilities Overlay District,”
to create an Underground Utilities Overlay District in the Town of Queensbury 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.
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Duly adopted this 1 day of November, 2004, by the following vote:
AYES : Mr. Turner, Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Boor
NOES : None
ABSENT: None