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209.2010 Zoning to HI RESOLUTION ADOPTING SEQRA NEGATIVE DECLARATIONAND AMENDING ZONING LAW TO CHANGE CLASSIFICATION OF PARCELS ON LOWER WARREN STREET FROM COMMERCIAL LIGHT INDUSTRIAL (CLI) TO HEAVY INDUSTRY (HI) AND ENACTING LOCAL LAW NO.: 8 OF 2010 TO AMEND QUEENSBURY TOWN CODE CHAPTER 179 “ZONING” RESOLUTION NO. 209, 2010 INTRODUCED BY: Mr. Ronald Montesi WHO MOVED ITS ADOPTION SECONDED BY: Mr. John Strough WHEREAS, the Queensbury Town Board is considering amending the Town Zoning Law and Map to rezone two (2) parcels of property on Lower Warren Street from Commercial Light Industrial (CLI) to Heavy Industry (HI), and WHEREAS, before the Town Board may amend, supplement, change, or modify its Zoning Law and Map, it must hold a public hearing in accordance with the provisions of Town Law §265, the Municipal Home Rule Law and the Town of Queensbury Zoning Laws, and WHEREAS, the Community Development Department forwarded the proposed Local Law and Map 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 did not receive 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 WHEREAS, the Town Board duly conducted a public hearing, heard all interested parties and th closed the public hearing concerning the proposed rezoning on Monday, May 17, 2010, and WHEREAS, as SEQRA Lead Agency, the Town Board has reviewed a Full Environmental Assessment Form to analyze potential environmental impacts of the proposed rezoning, and WHEREAS, the Town Board has considered the conditions and circumstances of the area affected by the rezoning, and WHEREAS, the Town Board wishes to consider adoption of Local Law No.: 8 of 2010 to amend Queensbury Town Code Chapter 179 by amending the official Town Zoning Map to reflect a change of zone for the two (2) parcels of property on Lower Warren Street from Commercial Light Industrial (CLI) to Heavy Industry (HI), as presented at this meeting, hereinafter referred to as the “legislation,” NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby determines that the proposed rezoning will not have any significant adverse environmental impact and a SEQRA Negative Declaration is made, and the Town Clerk and/or Senior Planner are authorized and directed to file and publish a SEQRA Negative Declaration - Notice of Determination of Non-Significance with respect to the Project, and BE IT FURTHER, RESOLVED, that the Town Board hereby amends the Town of Queensbury Zoning Law and Map to rezone two (2) parcels of property on Lower Warren Street from Commercial Light Industrial (CLI) to Heavy Industry (HI), such properties bearing Tax Map Parcel No.’s: 303.19- 1-49 and 303.19-1-58, and BE IT FURTHER, 2 RESOLVED, that the Town Board hereby adopts Local Law No.: 8 of 2010 to amend the Queensbury Town Code by amending the official Town Zoning Map to reflect a change of zone for the two (2) parcels of property listed above on Lower Warren Street from Commercial Light Industrial (CLI) to Heavy Industry (HI), 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 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 upon such filing, 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, Town Zoning Administrator and Warren County Planning Board in accordance with §179-15-080(D) of the Town Zoning Law, and BE IT FURTHER, RESOLVED, that this Resolution shall take effect immediately. th Duly adopted this 7 day of June, 2010, by the following vote: AYES : Mr. Montesi, Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Metivier NOES : None ABSENT: None 3