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147.2010 Set PH - Underground Util. Overlay Di RESOLUTION SETTING PUBLIC HEARING ON PROPOSED LOCAL LAW NO. __ OF 2010 TO MODIFY, RESTATE AND REAFFIRM QUEENSBURY TOWN CODE CHAPTER 179 “ZONING” SECTION 179-4-110 ENTITLED “UNDERGROUND UTILITIES OVERLAY DISTRICT” RESOLUTION NO.: 147, 2010 INTRODUCED BY: Mr. John Strough WHO MOVED ITS ADOPTION SECONDED BY: Mr. Anthony Metivier WHEREAS, the Queensbury Town Board (Town) wishes to consider adoption of Local Law No.: __ of 2010 to amend, restate and reaffirm in its entirety Queensbury Town Code Chapter 179, “Zoning,” §179-4-110 entitled “Underground Utilities Overlay District,” originally enacted by Local Law 6 of 2004 and thereafter amended by Local Law 1 of 2005, and WHEREAS, the Town wishes to alter the bounds of the Underground Utility Overlay District relative to certain portions of adjacent roadways that intersect with the corridors of the Underground Utility Overlay District, and WHEREAS, the Town wishes to clarify when new aboveground facilities can be constructed within the Underground Utilities Overlay District, 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 wishes to set a public hearing concerning adoption of this Local Law, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board shall meet and hold a public hearing at the th Queensbury Activities Center, 742 Bay Road, Queensbury at 7:00 p.m. on Monday, April 19, 2010 to hear all interested persons and take any necessary action provided by law concerning proposed Local Law No.: __ of 2010, and BE IT FURTHER, RESOLVED, that the Town Board authorizes and directs the Queensbury Town Clerk to publish and post a Notice of Public Hearing concerning proposed Local Law No. __ of 2010 in the manner provided by law, and BE IT FURTHER, RESOLVED, that the Town Board authorizes and directs the Queensbury Town Clerk to send the Notice of Public Hearing to all communities or agencies that it is necessary to give written notice to in accordance with New York State Town Law §265, the Town’s Zoning Regulations and the Laws of the State of New York, and BE IT FURTHER, RESOLVED, that the Town Board directs the Community Development Department to forward the proposed Local Law to the Warren County Planning Board for its review and comment in accordance with New York State General Municipal Law §239-M. th Duly adopted this 15 day of March, 2010, by the following vote: AYES: Mr. Brewer, Mr. Stec, Mr. Metivier, Mr. Montesi, Mr. Strough NOES: None ABSENT: None