167.2010 LL5 Overlay Dist.
RESOLUTION ENACTING LOCAL LAW NO.: 5 OF 2010 TO MODIFY,
RESTATE AND REAFFIRM QUEENSBURY TOWN CODE CHAPTER 179
“ZONING” SECTION 179-4-110 ENTITLED “UNDERGROUND UTILITIES
OVERLAY DISTRICT”
RESOLUTION NO. 167, 2010
INTRODUCED BY: Mr. Ronald Montesi WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Tim Brewer
WHEREAS, the Queensbury Town Board (Town) wishes to consider adoption of Local Law
No.: 5 of 2010 to modify, 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“Zoning,” §179-4-110 entitled “Underground Utilities Overlay District,” originally enacted by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, Notice of Public Hearing was provided to neighboring municipalities and the
Warren County Planning Board, and
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WHEREAS, on March 16, 2010, the Town Clerk duly forwarded 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 and the Town has not received any response within the 30 day period
set by law, and
WHEREAS, if the Town Board does not receive a response from the Warren County Planning
Board within 30 days, the Town is authorized to act, and
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WHEREAS, the Town Board duly held a public hearing on Monday, April 19, 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 Town Board has reviewed a SEQRA Full Environmental
Assessment Form relating to the Underground Utilities Overlay Zone and its previous and
proposed amendments and determines that the proposed amendment will not result in any new or
different environmental impacts not previously identified during the SEQRA review for the
enactment of Underground Utilities Overlay District (Local Law # 6 of 2004) and its previous
amendment (Local Law # 1 of 2005) and that the proposed amendment will not, in itself, result in
any significant adverse environmental impacts, and
BE IT FURTHER,
RESOLVED, that, both separately and when considered together, the Underground
Utilities Overlay District (Local Law # 6 of 2004) and its previous amendment (Local Law # 1 of
2005) and the proposed amendment and the Main Street Utilities Relocation Project will not
result in any significant adverse environmental impacts, and
BE IT FURTHER
RESOLVED, that the Queensbury Town Board therefore reaffirms its prior SEQRA
Negative Declarations with regard to the Underground Utilities Overlay District (Local Law #6 of
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2004, as amended by Local Law #1 of 2005 and proposed Local Law # 5 of 2010) and authorizes
the filing of a SEQRA Negative Declaration relating to the Underground Utilities Overlay District
as so amended.
BE IT FURTHER,
RESOLVED, that the Queensbury Town Board hereby enacts Local Law No.: 5 of 2010 to
modify, restate and affirm Queensbury Town Code Chapter 179, “Zoning,” §179-4-110 entitled
“Underground Utilities Overlay District,” as presented at this meeting, and amends the official Town
Zoning Map to reflect the enactment of such Local Law, 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 and Zoning Map to the Town Planning
Board, Town Zoning Board of Appeals and Zoning Administrator in accordance with §179-15-080(D)
of the Town Zoning Law, and
BE IT FURTHER,
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RESOLVED, that the Town Board modifies, restates and reaffirms 179-4-110 entitled,
“Underground Utilities Overlay District,” as amended, and
BE IT FURTHER,
RESOLVED, that the Town Board hereby authorizes and directs the Queensbury Town Clerk
to file the Local Law, and the official Town Zoning Map, as amended,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.
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Duly adopted this 19 day of April, 2010, by the following vote:
AYES : Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Metivier, Mr. Montesi
NOES : None
ABSENT: None
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