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138.2010 LL 3 2010 Zoning 179-3-040_B__2__a__1 RESOLUTION ENACTING LOCAL LAW NO.: 3 OF 2010 TO AMEND QUEENSBURY TOWN CODE CHAPTER 179 “ZONING” §179-3-040(B)(2)(a)[1] RESOLUTION NO.: 138, 2010 INTRODUCED BY: Mr. Ronald Montesi WHO MOVED ITS ADOPTION SECONDED BY: Mr. Anthony Metivier th WHEREAS, at its February 8, 2010 Workshop Meeting, the Queensbury Town Board discussed changing Queensbury Town Code §179-3-040(B)(2)(a)[1] to specify that residential development in office zoning districts should not be within three-hundred feet (300’) of Bay Road and West Mountain Road instead of all arterial roads, and WHEREAS, the Town Board instructed the Senior Planner to draft the necessary zoning language to effect such proposed change, and WHEREAS, the Town Board has caused the draft revisions to be put into the form of proposed Local Law No. 3 of 2010, and WHEREAS, the Town Board wishes to consider adoption of Local Law No.: 3 of 2010 to , Amend Queensbury Town Code Chapter 179 “Zoning” §179-3-040(B)(2)(a)[1] and WHEREAS, in accordance with General Municipal Law §239-m, before enacting the legislation the Town must first refer the proposed revised Zoning Code and obtain a recommendation from the Warren County Planning Board, 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 a Type I action under SEQRA in accordance with §179- 15-060 of the Town Zoning Law, and th WHEREAS, on or about March 10, 2010 the Warren County Planning Board considered the proposed Local Law and determined that there would be no County impact, and th WHEREAS, the Town Board duly held a public hearing on Monday, March 15, 2010 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 Full 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 Full 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 2 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 BE IT FURTHER, RESOLVED, that the Queensbury Town Board hereby enacts Local Law No.: 3 of 2010 to amend Queensbury Town Code Chapter 179 entitled “Zoning,” §179-3-040(B)(2)(a)[1], as presented at this meeting, 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 to the Town Planning Board, Town Zoning Board of Appeals, Zoning Administrator, County Planning Board and Adirondack Park Agency in accordance with §179-15-080(D) of the Town Zoning Law; 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. th Duly adopted this 15 day of March, 2010, by the following vote: AYES: Mr. Stec, Mr. Metivier, Mr. Montesi, Mr. Brewer NOES: Mr. Strough ABSENT: None 3