416.2010 Set PH Zoning
RESOLUTION SETTING PUBLIC HEARING ON PROPOSED LOCAL LAW
NO. __ OF 2011 TO AMEND QUEENSBURY TOWN CODE CHAPTER 179
“ZONING”
RESOLUTION NO.: 416, 2010
INTRODUCED BY: Mr. John Strough
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Ronald Montesi
WHEREAS, the Queensbury Town Board has proposed certain changes to the Town’s Zoning
Code, as detailed in drafts of revisions to Chapter 179, “Zoning,” of the Town Code presented at this
Town Board meeting, including proposed revisions to the Town’s Zoning Map and the Area and Use
tables associated with the Zoning Code (collectively, the “proposed zoning revisions”), and
WHEREAS, the Town Board wishes to consider adoption of a Local Law, to be designated
“Local Law No.: ___ of 2011,” to amend Queensbury Town Code Chapter 179 “Zoning,” including
revisions to the Town’s Zoning Map and the Area and Use tables associated with the Zoning Code, in
accordance with the proposed zoning revisions presented at this meeting, and
WHEREAS, in accordance with General Municipal Law §239-m, before enacting the
proposed zoning revisions the Town must first refer them to the Warren County Planning Board for its
recommendations, and
WHEREAS, in order for the Town’s Zoning Code to maintain its status as an approved local
land use plan under Adirondack Park Agency (APA) Act and APA regulations, the Town must obtain
APA approval of the proposed zoning revisions prior to adoption, and
WHEREAS, the proposed zoning revisions comply with the requirements of §807 of the APA
Act and 9 NYCRR Part 582 of APA regulations, and
WHEREAS, the proposed zoning revisions must undergo an environmental review pursuant to
the State Environmental Quality Review Act (SEQRA) prior to adoption and enactment, and
WHEREAS, the Town Board wishes to be Lead Agency for the required SEQRA
environmental review and has prepared Part 1 of a Full Environmental Assessment Form (EAF)for use
in the environmental review, and
WHEREAS, Municipal Home Rule Law §20 requires the Town Board to hold a public
hearing prior to the adoption of any Local Law;
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby authorizes and directs the Town Clerk
or Senior Planner to forward a copy of the proposed zoning revisions, together with a copy of the
completed Part 1 of the Full EAF, to the Warren County Planning Board for its review and
recommendations, and
BE IT FURTHER,
RESOLVED, that the Town Board hereby directs the Town Clerk or Senior Planner to
formally submit the proposed zoning revisions, together with a copy of the completed Part 1 of the Full
EAF, to the Adirondack Park Agency for review and approval in accordance with Article 27 of the
Executive Law, §807, and
BE IT FURTHER,
RESOLVED, that the Queensbury Town Board hereby declares its intention to be Lead
Agency for SEQRA review of the proposed zoning revisions and directs the Town Clerk or Senior
Planner to send a copy of the proposed zoning revisions, together with a copy of the completed Part 1
2
of the Full EAF, and a certified copy of this Resolution stating the Town Board’s intention to be Lead
Agency for SEQRA review, to the Adirondack Park Agency and any other Involved Agencies as
required by law, and
BE IT FURTHER,
RESOLVED, that the Town Board shall meet and hold a Public Hearing at the Queensbury
th
Activities Center, 742 Bay Road, Queensbury at 7:00 p.m. on Monday, January 24, 2011 to hear all
interested persons concerning the proposed revisions to the Town’s Zoning Code and enactment of
Local Law No.: ___ of 2011 to Amend Queensbury Town Code Chapter 179 “Zoning,” and
BE IT FURTHER,
RESOLVED, that the Town Board hereby authorizes and directs the Town Clerk to provide
the public with at least 10 days’ prior notice of the Public Hearing by causing a Notice of Public
Hearing to be timely published in the Town’s official newspaper and by posting the Notice of Public
Hearing on the Town’s web site and bulletin board at least 10 days before the date of the Public
Hearing, and
BE IT FURTHER,
RESOLVED, that the Town Board authorizes and directs the Town Clerk to send copies of
the Notice of Public Hearing, together with copies of the proposed zoning revisions, if required, to any
public officials, agencies or municipalities, in accordance with any applicable State Laws or Town
Code provisions, and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs the Town Clerk to make a
copy of the proposed zoning revisions (including proposed revisions to the Town’s Zoning Map and
3
the Area and Use tables associated with the Zoning Code) available for public inspection during regular
business hours of the Clerk’s office, and
BE IT FURTHER,
RESOLVED, that the Town Board authorizes and directs the Town Supervisor, Senior
Planner, Town Clerk and/or Town Counsel to take such other actions and give such other notice as
may be necessary in preparation for the Town Board to lawfully adopt proposed Local Law No.___ of
2011.
th
Duly adopted this 20 day of December, 2010, by the following vote:
AYES : Mr. Strough, Mr. Stec, Mr. Metivier, Mr. Montesi
NOES : None
ABSENT: Mr. Brewer
4