2011-02-28 MTG#6
REGULAR TOWN BOARD MEETING 02-28-2011 MTG #6 332
TOWN BOARD MEETING MTG. #6
FEBRUARY 28, 2011 RES. 83-99
7:00 p.m. BOH 5-6
LL 1&2
TOWN BOARD MEMBERS
SUPERVISOR DANIEL STEC
COUNCILMAN ANTHONY METIVIER
COUNCILMAN RONALD MONTESI-Absent
COUNCILMAN JOHN STROUGH
COUNCILMAN TIM BREWER
TOWN OFFICIAL
Bruce Ostrander-Water Superintendent
Mike Shaw-Wastewater Superintendent
Craig Brown-Zoning Administrator
Mike Palmer-Fire Marshal
PLEDGE OF ALLEGIANCE LED BY COUNCILMAN STROUGH
1.0 RESOLUTION-QUEENSBURY BOARD OF HEALTH
RESOLUTION CALLING FOR QUEENSBURY BOARD OF HEALTH
RESOLUTION NO. 83, 2011
INTRODUCED BY: Mr. Anthony Metivier WHO MOVED FOR ITS ADOPTION
SECONDED BY: Mr. John Strough
RESOLVED,
that the Town Board hereby moves into the Queensbury Board of Health.
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Duly adopted this 28 day of February, 2011 by the following vote:
AYES: Mr. Metivier, Mr. Strough, Mr. Brewer, Mr. Stec
NOES: None
ABENT: Mr. Montesi
QUEENSBURY BOARD OF HEALTH
RESOLUTION SETTING PUBLIC HEARING ON SEWAGE DISPOSAL
VARIANCE APPLICATION OF DOUG AND MURIEL CHERRY
RESOLUTION NO.: 5, 2011 BOH
INTRODUCED BY: Mr. Tim Brewer
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Anthony Metivier
WHEREAS, the Queensbury Town Board serves as the Town’s Local Board of Health and is
authorized by Town Code Chapter 136 to issue variances from the Town’s On-Site Sewage Disposal
Ordinance, and
REGULAR TOWN BOARD MEETING 02-28-2011 MTG #6 333
WHEREAS, Douglas and Muriel Cherry have applied to the Local Board of Health for a variance
§
from Chapter 136, 136-11, which requires applicants to obtain a variance for holding tanks and the
applicants wish to install a 3,000 gallon holding tank in lieu of a septic tank and absorption system on
property located at N. Fitzgerald Road, Glen Lake, in the Town of Queensbury,
NOW, THEREFORE, BE IT
RESOLVED, that the Town of Queensbury Local Board of Health will hold a public hearing on
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Monday, March 21, 2011 at 7:00 p.m. at the Queensbury Activities Center, 742 Bay Road, Queensbury, to
consider Douglas and Muriel Cherry’s sewage disposal variance application concerning property located at
N. Fitzgerald Road, Glen Lake, in the Town of Queensbury (Tax Map No.: 289.14-1-7) and at that time all
interested persons will be heard, and
BE IT FURTHER,
RESOLVED, that the Local Board of Health authorizes and directs the Queensbury Town Clerk to
publish the Notice of Public Hearing presented at this meeting and send a copy of the Notice to neighbors
located within 500 feet of the property as required by law.
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Duly adopted this 28 day of February, 2011, by the following vote:
AYES : Mr. Metivier, Mr. Strough, Mr. Brewer, Mr. Stec
NOES : None
ABSENT: Mr. Montesi
RESOLUTION ADJOURNING QUEENSBURY BOARD OF HEATLH
RESOLUTION NO. 6, 2011
INTRODUCDED BY: Mr. Anthony Metivier WHO MOVED FOR ITS ADOPTION
SECONDED BY: Mr. John Strough
RESOLVED,
that the Queensbury Board of Health hereby adjourns its meeting and the Town
Board moves back into Session.
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Duly adopted this 28 day of February, 2011 by the following vote:
AYES: Mr. Metivier, Mr. Strough, Mr. Brewer, Mr. Stec
NOES: None
ABSENT: Mr. Montesi
TOWN BOARD MEETING
2.0 PUBLIC HEARINGS
REGULAR TOWN BOARD MEETING 02-28-2011 MTG #6 334
2.1 Public Hearing-Local Law No. __ of 2011 to Amend Queensbury Town-Code
Chapter 61 Entitled “Burning, Outdoor”
Notice Shown
Publication Date: February 11, 2011
Supervisor Stec-The Town has had Chapter 61 for a number of years now and what the Fire
Marshal indicated to me he wanted to do a couple of months ago was basically update our
current local ordinance to reflect current State Statues and State standards. I do not think there is
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exceptionally different here, but effective October 14 2009 New York State DEC prohibited
burning of household trash statewide in all cases, that has been our practice for awhile. Barbeque
grills and maple sugar arches and similar outdoor cooking devices using only propane, charcoal
or untreated wood shall be permitted. That is something new that they are clarifying. It also
modifies a little bit the rules for outdoor burns must be contained and continuously monitored
and shall be limited in size to three foot in height and less than four feet in length in diameter. I
do not think there is anything too surprising in here. Basically we are trying to make ours
conform to the current State Regs.
Fire Marshal Palmer-Yes that is correct.
Supervisor Stec-With that said I will open the public hearing if there are any members of the
public that would like to comment on this public hearing tonight I would just ask that you raise
your hand I will call on folks one at a time. No one spoke I will close the public hearing and
entertain a motion.
RESOLUTION ENACTING LOCAL LAW NO.: 1 OF 2011
TO AMEND QUEENSBURY TOWN CODE CHAPTER 61
ENTITLED, “BURNING, OUTDOOR”
RESOLUTION NO. 84, 2011
INTRODUCED BY: Mr. Anthony Metivier
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Tim Brewer
WHEREAS, the Queensbury Town Board wishes to consider adoption of a Local Law to amend
Town Code Chapter 61 entitled, "Burning, Outdoor” to provide that the Town of Queensbury’s regulations
will be more uniform with regulations issued by the New York State Department of Environmental
Conservation in October of 2009, and
WHEREAS, such legislation is authorized in accordance with New York State Municipal Home
Rule Law §10 and New York State Town Law Article 16, and
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WHEREAS, the Town Board duly held a public hearing on Monday, February 28, 2011 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
REGULAR TOWN BOARD MEETING 02-28-2011 MTG #6 335
RESOLVED, that the Queensbury Town Board hereby enacts Local Law No.: 1 of 2011 to amend
Queensbury Town Code Chapter 61, entitled, "Burning, Outdoor," 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 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 28 day of February, 2011, by the following vote:
AYES : Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Metivier
NOES : None
ABSENT: Mr. Montesi
Supervisor Stec-Mike thank you for working on that.
TOWN OF QUEENSBURY
LOCAL LAW NO.: 1 OF 2011
A LOCAL LAW TO AMEND CHAPTER 61 OF QUEENSBURY TOWN CODE ENTITLED,
“BURNING, OUTDOORS”
BE IT ENACTED BY THE TOWN BOARD OF THE TOWN OF QUEENSBURY AS
FOLLOWS:
SECTION 1. Queensbury Town Code Chapter 61 entitled, “Burning, Outdoor,” §61-1,
“Legislative intent” is hereby amended as follows:
§ 61-1. Legislative intent.
A. Effective October 14, 2009, NYS DEC ruling prohibits burning of household trash
statewide in all cases.
B. The open burning of garbage on the surface of the ground, in pits or in trash
burners or barrels creates offensive smoke and odors and results in a residue of
unburned garbage which decays and causes offensive odors and attracts flies,
rodents and vermin, and is a menace to public health and should be prohibited.
REGULAR TOWN BOARD MEETING 02-28-2011 MTG #6 336
C. The open burning of household trash releases dangerous compounds including
arsenic, carbon monoxide, benzene, styrene, formaldehyde, lead hydrogen
cyanide and dioxin, among others. Open burning is also the single greatest cause
of wildfires in New York.
SECTION 2. Queensbury Town Code Chapter 61 entitled, “Burning, Outdoor,” §61-3,
“Burning of garbage, rubbish and/or brush” is hereby amended as follows:
§ 61-3. Burning of garbage, rubbish and/or brush.
A. No person shall burn, cause to be burned or permit to be burned in the Town of
Queensbury any garbage and/or rubbish by open fire on the ground or in trash
burners or barrels or in pits. Trash burners or barrels or pits are prohibited on
any lands within the Town of Queensbury. Garbage shall be disposed of in the
Town of Queensbury by depositing it at an authorized solid waste management
facility.
B. Open fires used exclusively for the purpose of preparing food will be permitted,
provided that the fire is properly contained, appropriately sized and temporary
in nature. Barbecue grills, maple sugar arches and similar outdoor cooking
devices, using only propane, charcoal or untreated wood shall be permitted.
C. Allowed outdoor burns complying with this Local law and NYS Codes must be
properly contained, and the fire shall be limited to 3’ in height, and less than 4’ in
length, width and diameter. All fires must be constantly attended until
extinguished and an appropriate extinguishing media shall be provided. In
addition §307.4.2 of the NYS Fire Code requires that recreational fires shall not be
conducted within 25’ of a structure or combustible material. Conditions which
could cause a fire to spread within 25’ of a structure shall be eliminated prior to
ignition.
D. The Town of Queensbury Fire Companies and its members may perform live burn
exercises if such training follows the applicable rules and guidelines of the NYS
Department of State’s Office of Fire Prevention and Control. For training on
acquired structures, the structure must be emptied and stripped of any material
that is toxic, hazardous or likely to emit toxic smoke (such as asbestos, asphalt
shingles and vinyl siding or other products) prior to burning and must be at least
300 feet from other occupied structures. No more than one structure per lot or
REGULAR TOWN BOARD MEETING 02-28-2011 MTG #6 337
within a 300 foot radius (whichever is bigger) may be burned in a training
exercise.
SECTION 3. Severability.
If any part of this Local Law shall be declared invalid by a Court of competent
jurisdiction, such declaration shall not affect or impair in any way any other provision and all
other provisions shall remain in full force and effect.
SECTION 4. Effective Period.
This Local Law shall take effect immediately upon filing in the Office of the New York
Secretary of State as provided by Municipal Home Rule Law §27.
2.2 Public Hearing-Lease For Wireless Services Between Town of Queensbury on
behalf of the Queensbury Consolidated Water District, and Verizon Wireless
Notice Shown
Publication Date: February 11, 2011
Supervisor Stec-Introduced Bob Hafner to speak on this proposal - Counsel Hafner and Bruce
Ostrander have been working on this the last few months with Verizon on a proposed
opportunity on the town water department property located on West Mountain Road by Leland
Estates. This would be to lease a portion of property not on the tank itself but actual property.
This is not an approval of this antenna itself per se tonight, the applicant would still need to go
through any zoning and planning board processes to get any, if any needed variances and
approvals from the Planning Board.
Town Counsel Hafner-We did uncoordinated review for SEQRA because we don’t actually have
the project, what we have is the lease of the land where they are proposing to build a cell tower.
We specifically put in the lease that we could not make any promises as to what the Planning and
or Zoning Board would do and they have to go through their own processes and they would have
to go through SEQRA review. Our understanding is that Verizon would not go forward with
spending the money for the engineering to come up with a plan for the site until they knew for
sure that they had the right to build it on the site should they go forward. We had discussed the
amount of the annual rent and the increases over the term. We were able to increase the annual
amount from I believe it is twelve thousand to the thirteen thousand eight hundred and we agreed
on a three percent increase each year of its life. We provided that they could have the space but
they had to come up with their own access, their own electricity to the site as part of the project.
It was one of those projects which was a go and then sort of waited for awhile and then it was a
go and waited for awhile so we have worked with the applicant’s Attorney Cusack for some time
but we came up with something that the water superintendent and counsel thought was
appropriate to bring to the Town Board. The process requires because it is on water district
property we have to have a public hearing.
Supervisor Stec-The term of it is proposed at twenty five years with an extension of an additional
twenty four years.
Town Counsel Hafner-To some extent I think that Verizon has kept the ability to end the lease
early, I think they have to keep their options open for changing technologies. If they end they
are going to remove things and put it back the way…
REGULAR TOWN BOARD MEETING 02-28-2011 MTG #6 338
Supervisor Stec-If through the Towns planning process for whatever reason an approval is not
granted that releases Verizon I presume from their obligation.
Town Counsel Hafner-They start paying after they get their approvals to start building. It gives
them a binding thing that they will start paying as soon as they can start using it, but it lets them
go forward through the process because you know, you never know whether it is going to go
through site plan, planning board, zoning board approvals. We had worked out a final version
with black line changes what happened there were a couple that were missed in the final version
we worked with Mike Cusack’s office to make sure that those changes were made we confirmed
them. One, of them that was important to us was, we did not want to promise that we would
provide the electricity or that we would charge them for the amount of electricity, it is their job
to get electricity. So, that is one of the changes that is made in here.
Councilman Strough- On page 15 or item 33 I do not know how you contract is set up in the land
lease part of the agreement, actually 36, it allows the municipality be it county or town to have
space on the tower should we need it at some future time or currently. But, a lot of times we
require power would we be able to use Verizon’s power source because you are bringing it up
for yourself? If the municipality was to co-locate on the tower would we be able to use their
power source for a fee or whatever?
Town Counsel Hafner-We would have to work out an arrangement with them. We have power
to our tank so we are not very far away from where this is.
Councilman Strough-Questioned the power?
Water Supt. Ostrander-110.
Councilman Strough-So we have a power source so that would not be an issue?
Water Supt. Ostrander-Yes.
Town Counsel Hafner-There may be spaces for people to co-locate, not only did we keep us
having the right, what we envision is a possibility was that the town might want to allow the
County to have its 911 have something up there, there is also in here a provision if other people
co-locate that we get twenty five percent I believe is the number that we agreed on of the revenue
that we get from that. That way our interests are the same as theirs, they have an interest to try to
get someone and we have the same interest that they do. It could be more than what the lease is
if they are able to get other people to co-locate.
Councilman Strough-Isn’t it Federal Law that says you have to co-locate if the tower is capable
of carrying a co-locator?
Attorney Cusack-The Federal Law defers that to the States and in New York it is common
practice to require people to use existing structures.
Councilman Strough-So that would not get the same deal that we would one dollar a year?
Attorney Cusack-No they would not.
Councilman Brewer-I am guessing it would be at lease thirteen grand.
Councilman Strough-Leaser shall not be held responsible for maintenance of the right of way,
what if the lease be it plowing or whatever creates damage to our roadway can we hold them
responsible for the damage?
Councilman Brewer-It is their roadway
Councilman Strough-We are going to share the roadway.
Attorney Cusack-A portion, yes.
REGULAR TOWN BOARD MEETING 02-28-2011 MTG #6 339
Councilman Strough-I tried to find something in the contract that says if they do something that
causes damage, it is a lot easier to have it in the contract than to take them to court and try to get
it.
Attorney Cusack-It is in the indemnification section.
Town Counsel Hafner-Except to the extent caused by us the town, Verizon agrees to protect and
indemnify and save harmless the town against any claims suits and damages which we may
suffer, because of the operation.
Councilman Strough-Should they do something to the road that lets say causes further erosion
that normally would not have happened otherwise but for some act that they did to the road that
we are sharing they would be held responsible for repairing the road.
Town Counsel Hafner-I think that is what the indemnification provision was intended.
Councilman Strough-It does not say it specifically and you know our dealing with others, if it
does not say it specifically and left to interpretation you know where that goes.
Councilman Brewer-Can we cancel the contract at any certain time?
Town Counsel Hafner-As long as they continue to pay, we are giving the space that we are not
using.
Councilman Brewer-Suppose they do something that they do not want to pay for do we have a
way to cancel this contract?
Town Counsel Hafner-If they fail to pay us, yes. That is all that they promised to do, they
promise to be there, they promise to indemnify us and to have insurance, if they are in default we
can cancel their lease.
Attorney Cusack-There is a default mechanism set up in the contract.
Councilman Brewer-If they do something to the road and they refuse to fix it can we get out of
this contact, get their stuff off the tower?
Attorney Cusack-You send a notice of default under the lease. We have so many days it might
be thirty or sixty to .. when it relates to our operations if we cause the damage to the road in
hypothetical we would be responsible for repairing that damage, if we didn’t you would send us
a notice of the default and then the contact spells out how many days we have to respond and
take care of that.
Councilman Strough-We have others that use the water towers and we had a clause in there
saying if you damage the water tower or any town property you are responsible for repairing it.
Town Counsel Hafner-We were a lot more concerned about damage to the water tower then we
are to what is now an empty piece of property with trees.
Councilman Strough-If you are saying it is absolutely clear in my scenario for example would be
taken care of under this contract I will have faith in that, then.
Town Counsel Hafner-That is what the indemnification provision says, it would protect us. We
can add a sentence in there to make it clearer.
Attorney Cusack-We could add, including and without limitation the joint sections of the access
driveway and I will consent to that.
Town Counsel Hafner-We will come up with some language, including but not limited to …
Supervisor Stec-I will open the public hearing and I will let Attorney Cusack introduce himself.
REGULAR TOWN BOARD MEETING 02-28-2011 MTG #6 340
Attorney Mike Cusack-I will add a little bit of background. Mike Cusack representing Verizon
Wireless on this project. How we found ourselves at this site is that, in 2008 and 2009 Verizon
Wireless began looking for a site location to help improve service along Aviation Road west of
the Northway. We were not interested in the Mall side we were more interested in the other side
of I87. That has been a problematic service area for us for a number of years. We are rolling out
on new technologies, third and fourth generation technologies right now and that requires a
higher density of cell sites than we have needed in the past and of course our usage has grown.
So, the more people you have competing for capacity on our existing sites the harder it is to get
on the network. We have done everything we can to those existing cell sites in the community to
upgrade them and add capacity to them and effectively speaking we have maxed that out. We
have to go out into the community and spend real money putting real assets in the ground to
improve the service. So, we began back then, in 2008 and 2009 looking for property along
Aviation Road we came across the Fire Department property which was something that we were
interested and looking at and the Fire Department was interested in having us as a tenant to
replace the older tower that is there. Their significant limitation they have there is that their lot is
somewhat small and undersized. It was agreed that it was worth putting it into the planning
process to see how the project went. Once we got into the planning process we found out at the
Zoning Board hearing and the Planning Board hearing that the community was interested in
seeing us go somewhere, where there was a little bit more space. The school was right next
door, there are a few residences nearby, but primarily they were interested in seeing if we
couldn’t go a little bit further west. Now, when you move the site west it throws off the whole
net work design. It is not designed to work over a great distance but we looked at a number of
properties up along the ridge a little bit further up and the towns property came to your attention.
It has a water tank there but that tank is not tall enough for us to co-locate on it and use it as a
site for our antennas. But, it is a significantly large parcel and it has enough room on it to
accommodate our use in the technical sense if you are willing to have us for a tenant. We started
the process in approximately April of 2009 as Mr. Hafner mentioned. Going back and forth on a
lease ideas and we had some fits and starts we had to make sure that it worked within our
network because it was a little bit further North and a little bit further West than we wanted to be.
But, with our West Mountain facility that was recently approved and this it seems like everything
will work together rather nicely. So, it is a redesign it is a compromise position from our
standpoint but again we think it makes sense if it makes sense to you and we will acknowledge
what Mr. Hafner said that we still have to go through the entire zoning and planning process for
this site if you decide to lease land to us. It is our company practice and has been the practice for
over twenty years that we do not spend money in zoning and planning environments on
speculation. We do have to have an actual lease agreement whether it is private landowners or
municipal one and once we have a contract in place we do put a contingency in there that says if
the zoning approvals are not granted that the contract is terminated. So, that is basically the
environment that we are operating in we are hoping that we will be welcome as a tenant.
Thanks.
Supervisor Stec-Is there anyone in the audience that would like to comment on this public
hearing this evening? Yes. Please come to the microphone state your name and address for the
purpose of the record, thank you. These microphones not only amplify but record. Thank you.
Ms. Charlotte Fielding-8 Lydia Lane, Queensbury, New York I just had a question about the
land is it already cleared or does it have to be cleared for the project?
Supervisor Stec-It is wooded this section is wooded behind the water tower, right Mike or
Bruce..
Ms. Fielding-So, it is, I am just not exactly sure, is it at the bottom of the mountain or is it?
Supervisor Stec-It is up behind the tower. It is a slope going up from the road.
Ms. Fielding-I was just wondering if it was already cleared because it is interesting to see like we
are having a lot of issues with the watershed off the mountain so clearing it would even like
increase the amount of like, I just out of curiosity, I do not know if it would cause issues for the
neighborhoods nearby.
Councilman Strough-It is going to go through Planning Board and all those issues are going to
have to be addressed.
REGULAR TOWN BOARD MEETING 02-28-2011 MTG #6 341
Town Counsel Hafner-That will be part of the SEQRA review that they will have to go through,
the Town Board went through it for this but we did not have an actual project so when they do
they will have to talk to the Planning Board about that. Those are environment issues but it is a
seventy by seventy parcel it is not a very huge it is very small foot print compared to a lot of
things.
Ms. Fielding-Ok. Thank you.
Supervisor Stec-You are welcome. Is there any other public comment on this public hearing?
Seeing none I will close the public hearing, is there any further discussion by the Board?
Councilman Strough-I am just glad that it was moved away from the fire house I thought that
was inappropriate and I do not remember you there but I was one of those advocates if you will
for the public, again, you know me. But, this seems to be a much better location and hopefully
we make it blend into the back of the mountain and nobody will notice it.
Town Counsel Hafner-I do want to point out in the resolution that it is in similar to this form but
subject to approval for us for form and content as we can make those changes and you can pass it
tonight and I will make sure that we address John’s concerns.
Councilman Strough-Thank you.
RESOLUTION AUTHORIZING LEASE FOR WIRELESS SERVICES BETWEEN TOWN OF
QUEENSBURY, ON BEHALF OF THE QUEENSBURY CONSOLIDATED WATER
DISTRICT,
AND VERIZON WIRELESS
RESOLUTION NO.: 85, 2011
INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Anthony Metivier
WHEREAS, Cellco Partnership d/b/a Verizon Wireless (hereinafter "Verizon Wireless") is a public
utility engaged in the provision of personal wireless services, and
WHEREAS, Verizon Wireless has approached the Queensbury Town Board, which acts on behalf
of the Queensbury Consolidated Water District, (hereinafter the “Town”) and requested permission to
lease a portion of land owned by the Town of Queensbury for the benefit of the Queensbury
Consolidated Water District, located off of West Mountain Road and designated as Tax Map Parcel No.:
295.6-1-1, together with the right to place communications equipment, utilities and related
appurtenances on and around the Town property (the "Proposed Lease"), and
WHEREAS, the Proposed Lease is necessary to enable Verizon Wireless to provide adequate and
safe wireless services to the surrounding area, for emergency and nonemergency use by the general
public, and
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WHEREAS, on Monday, February 28, 2011, the Town Board duly conducted a public hearing
and heard all interested persons concerning the Proposed Lease with Verizon Wireless, and
REGULAR TOWN BOARD MEETING 02-28-2011 MTG #6 342
WHEREAS, the Town, acting as Lead Agency for the purposes of the New York State
Environmental Quality Review Act ("SEQRA”), has had the opportunity to review and complete the Short
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Environmental Assessment Form ("EAF") bearing date of January 24, 2011,
NOW, THEREFORE, BE IT
RESOLVED, in accordance with the provisions of New York State Town Law §64[2] and §198[12],
as follows:
1. The Proposed Lease is an Unlisted Action which will not result in any large or important
impact(s), and therefore, is one which will not have a significant impact on the environment under the
State Environmental Quality review Act ("SEQRA). Accordingly, the Queensbury Town Board hereby
adopts a Negative Declaration with respect to the Proposed Lease.
2. The provision of adequate and safe personal wireless services to the surrounding area,
for emergency and non-emergency use by the general public, is a public purpose that will be beneficial
to and inure to the best interests of the health, safety and general welfare of the citizens of the Town of
Queensbury and traveling public.
3. The property in question was purchased by the Town using funds of the Queensbury
Water District and the specific areas proposed for leasing to Verizon Wireless are not required for the
purposes of the water district operations, and are hereby deemed to involve the use of surplus property.
4. The Town Board authorizes and directs the Town Supervisor to enter into the Proposed
Lease at the rate of $13,800 for the first year with the rate increasing by three-percent (3%) every year
thereafter. The term of the lease is 25 years, with the option to extend the lease for an additional 24
years.
5. The Town Board authorizes and directs the Town Supervisor to enter into the Proposed
Lease on behalf of the Queensbury Water District on these terms and conditions, and subject to
approval from Queensbury Town Counsel as to form and content.
6. Use and occupancy of this site by Verizon Wireless in accordance with the Proposed
Lease shall be subject to a Rosenberg variance approval from the Queensbury Zoning Board of Appeals
and/or Site Plan Review from the Queensbury Planning Board in accordance with applicable current
Town land use regulations.
7. This Resolution shall be effective immediately.
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Duly adopted this 28 day of February, 2011 by the following vote:
REGULAR TOWN BOARD MEETING 02-28-2011 MTG #6 343
AYES : Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Metivier
NOES : None
ABSENT: Mr. Montesi
3.0 PRIVILEGE OF THE FLOOR (Limit 4 Minutes)
Mr. Pliney Tucker-41 Division Road, Queensbury-You have been on your new job at the County
Chairman of the Board, how much time involved?
Supervisor Stec-A lot…I cannot put a number to it…I go up there every day for a couple hours.
Mr. Tucker-Questioned the lawsuit with the City of Glens Falls.
Supervisor Stec-We do not discuss litigation.
Mr. John Salvador-North Queensbury, Alexy Lane Noted two years ago brought to the Board
the unethical behavior of Mr. Paul Schonewolf nothing has been done since 12-29-2008
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…Bravo to the Board for bringing to life former 1 Ward Councilman Roger Boor’s 2006
initiative to create a wastewater management district in the Rockhurst and Seeley Road area.
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The map plan and report was originally sponsored by then 1 Ward Councilman Roger Boor and
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2 Ward Councilman Richard Sanford. They should be credited for their visionary pursuit.
Questioned the formation of the district use Environmental Conservation Law ECL17-1709
instead of Town Law. The creation of the wastewater disposal district using the Town Board of
Health authority to abate offensive matter from entering Lake George would not require a
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petition. The purpose of the March 23 public hearing has not been clearly stated.
Supervisor Stec-The public hearing is for the purpose of the Town Board considering district
creation. After which the Town Board may choose to enact the district. We are taking public
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comment on the 23.
Mr. Salvador-Question the wording of failure of an onsite wastewater system is sometimes a
matter of degree against what set of standards or specification will inspections be preformed will
remediation of septic system failure or malfunction is required what criteria will be applied and
will storm water runoff influence be a consideration.
Supervisor Stec-All excellent questions for the public hearing.
Mr. Salvador-Will you accept written comment?
Supervisor Stec-Yes
Mr. Salvador-The whole of the east side of Lake George is in need of a cost effective wastewater
management now that the concentration of residential development and increasing intensity of its
use no longer renders onsite wastewater treatment with disposal to groundwater as an effective
means of protecting Lake George’s water quality. We need something but not another false start.
No further comments made
4.0 RESOLUTIONS
RESOLUTION AUTHORIZING ADVERTISEMENT OF BIDS FOR
PURCHASE AND INSTALLATION OF “ABB” VARIABLE FREQUENCY
DRIVE FOR HIGH LIFT #4 (700 HP FINISHED WATER PUMP)
AT TOWN WATER DEPARTMENT
REGULAR TOWN BOARD MEETING 02-28-2011 MTG #6 344
RESOLUTION NO.: 86, 2011
INTRODUCED BY: Mr. John Strough WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Tim Brewer
WHEREAS, by Resolution No.: 248,2008, the Queensbury Town Board authorized the
standardization of certain equipment at the Town’s Water Department, i.e., its Large Variable Frequency
Drives on motors over 75 horsepower, so that all such Drives would be required to be manufactured by ABB,
Inc., and
WHEREAS, the Town of Queensbury’s Water Superintendent and Civil Engineer wish to advertise
for bids for the purchase and installation of an “ABB” Variable Frequency Drive for High Lift #4 (700 HP
finished water pump) as will be more clearly specified in bid documents and specifications to be prepared by
the Civil Engineer, and
WHEREAS, General Municipal Law §103 requires that the Town advertise for bids and award the
bid to the lowest responsible bidder(s) meeting New York State statutory requirements and the requirements
set forth in the Town’s bidding documents,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby authorizes and directs the Town’s Purchasing
Agent to publish an advertisement for bids for the purchase and installation of an “ABB” Variable Frequency
Drive for High Lift #4 (700 HP finished water pump) in the official newspaper for the Town of Queensbury,
and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs the Purchasing Agent to open all
bids received, read the same aloud and record the bids as is customarily done and present the bids to the next
regular or special meeting of the Town Board.
th
Duly adopted this 28 day of February, 2011, by the following vote:
AYES : Mr. Brewer, Mr. Stec, Mr. Metivier, Mr. Strough
NOES : None
ABSENT: Mr. Montesi
RESOLUTION APPOINTING MEMBERS TO
TOWN HISTORIAN’S ADVISORY BOARD
RESOLUTION NO. 87, 2011
INTRODUCED BY: Mr. Anthony Metivier
WHO MOVED FOR ITS ADOPTION
SECONDED BY: Mr. Tim Brewer
REGULAR TOWN BOARD MEETING 02-28-2011 MTG #6 345
WHEREAS, the Town of Queensbury previously established the Town Historian’s Advisory Board
in accordance with the Queensbury Town Code, and
WHEREAS, the one-year terms for the Advisory Board members recently expired and the Town
Board wishes to appoint members for the year 2011,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby appoints the following members to the Town
st
of Queensbury Historian’s Advisory Board until their terms expire on December 31, 2011:
John Austin;
Douglas Baertschi;
Jennifer Baertschi;
Joseph Dawson;
June Krause
Maureen Monahan-Chase; and
John Strough.
th
Duly adopted this 28 day of February, 2011, by the following vote:
AYES : Mr. Stec, Mr. Metivier, Mr. Brewer
NOES : None
ABSENT: Mr. Montesi
ABSTAIN: Mr. Strough
RESOLUTION CANCELING REGULAR TOWN BOARD MEETING
RESOLUTION NO.: 88, 2011
INTRODUCED BY: Mr. John Strough
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Tim Brewer
WHEREAS, the next regular meeting of the Queensbury Town Board is scheduled for Monday,
th
March 7, 2011, and
WHEREAS, the Town Board wishes to cancel such meeting,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby cancels its regular Town Board meeting
th
presently scheduled for Monday, March 7, 2011 and authorizes and directs the Town Supervisor and/or
Town Clerk to take any necessary actions to effectuate and/or publicize such meeting date change.
th
Duly adopted this 28 day of February, 2011, by the following vote:
REGULAR TOWN BOARD MEETING 02-28-2011 MTG #6 346
AYES : Mr. Metivier, Mr. Strough, Mr. Brewer, Mr. Stec
NOES : None
ABSENT: Mr. Montesi
RESOLUTION AUTHORIZING ADOPTION OF WARREN COUNTY PRE-
DISASTER MULTIJURISDICTIONAL HAZARD MITIGATION PLAN
RESOLUTION NO. 89, 2011
INTRODUCED BY: Mr. John Strough
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Anthony Metivier
WHEREAS, the Town of Queensbury, with the assistance from the Friends of the North
County, Inc., has gathered information and prepared the Warren County Pre-Disaster
Multijurisdictional Hazard Mitigation Plan, and
WHEREAS, the Warren County Pre-Disaster Multijurisdictional Hazard Mitigation Plan
has been prepared in accordance with the Disaster Mitigation Act of 2000, and
WHEREAS, the Town of Queensbury is a local unit of government that has afforded the
citizens an opportunity to comment and provide input in the Plan and the actions in the Plan, and
WHEREAS, the Town of Queensbury has reviewed the Plan and affirms that the Plan
will be updated no less than every five (5) years,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby adopts the Warren County Pre-
Disaster Multijurisdictional Hazard Mitigation Plan as this jurisdiction’s Natural Hazard
Mitigation Plan and resolves to execute the actions in the Plan.
th
Duly adopted this 28 day of February, 2011, by the following vote:
AYES : Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Metivier
NOES : None
ABSENT: Mr. Montesi
Discussion before vote: Not having this plan adopted prevents the County from being eligible for certain
grants or emergency funds
REGULAR TOWN BOARD MEETING 02-28-2011 MTG #6 347
RESOLUTION AUTHORIZING AGREEMENT BETWEEN WEST GLENS
FALLS EMERGENCY SQUAD INC., AND WARREN COUNTY FOR
PROVISION OF AMBULANCE TRANSPORT SERVICES
RESOLUTION NO.: 90, 2011
INTRODUCED BY: Mr. Tim Brewer WHO MOVED FOR ITS ADOPTION
SECONDED BY: Mr. Anthony Metivier
WHEREAS, the Town of Queensbury and the West Glens Falls Emergency Squad, Inc. (Squad)
have entered into an Agreement for emergency services, which Agreement sets forth a number of terms and
conditions including a condition that the Squad may contract with other municipalities to provide ambulance
service and enter into contracts or otherwise bill those municipalities for the services provided, so long as
copies of any contracts proposed to be entered into by the Emergency Squad are authorized by Resolution of
the Queensbury Town Board, and
WHEREAS, by Resolution No.: 264, 2009, the Queensbury Town Board authorized the West Glens
Falls Emergency Squad, Inc.’s Agreement with Warren County, on behalf of the Warren County Sheriff’s
Office, for 2009 – 2010, for the Squad’s provision of ambulance transport services from the Warren County
Correctional Facility to the Glens Falls Hospital or nearest appropriate facility, for the flat rate fee of $9,400
annually, and
WHEREAS, the Squad wishes to enter into a similar Agreement with Warren County for 2011 for
the Squad’s provision of ambulance transport services from the Warren County Correctional Facility to the
Glens Falls Hospital or nearest appropriate facility for the flat rate fee of $9,400 annually, and
WHEREAS, such funds received by the Squad would be treated the same as its other collected bill-
for-service funds, and
WHEREAS, a proposed Agreement has been presented at this meeting, and
WHEREAS, the Town Board has determined that it is necessary and in the public interest to act on
this proposal to improve the provision of emergency services to the Town,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby approves of the West Glens Falls Emergency
Squad, Inc.’s Agreement with Warren County, on behalf of the Warren County Sheriff’s Office for the
provision of ambulance transport services set forth in the preambles of this Resolution, substantially in the
form presented at this meeting, and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs the Town Supervisor, Town Budget
Officer and/or Town Counsel to take any action necessary to effectuate all terms of this Resolution.
REGULAR TOWN BOARD MEETING 02-28-2011 MTG #6 348
th
Duly adopted this 28 day of February, 2011 by the following vote:
AYES : Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Metivier
NOES : None
ABSENT: Mr. Montesi
RESOLUTION AUTHORIZING PROMOTION OF RYAN LASHWAY
FROM COMPUTER TECHNOLOGY COORDINATOR
TO DIRECTOR OF INFORMATION TECHNOLOGY
RESOLUTION NO. 91, 2011
INTRODUCED BY: Mr. Tim Brewer
WHO MOVED FOR ITS ADOPTION
SECONDED BY: Mr. Anthony Metivier
WHEREAS, by Resolution No.: 458,2000, the Queensbury Town Board established the position of
Director of Information Technology and appointed Robert Keenan to such position, and
WHEREAS, Mr. Keenan submitted his resignation from the position in 2008 and the position has
remained vacant since that time, and
WHEREAS, by Resolution No.: 256,2001, the Town Board appointed Ryan Lashway to the
position of Computer Technology Assistant; by Resolution No.: 550,2005, the Town Board promoted Ryan
Lashway to the position of Computer Technology Coordinator; and by Resolution No.: 283,2006, the Town
Board appointed Mr. Lashway to such position on a permanent basis, and
WHEREAS, Warren County Civil Service conducted a job audit and determined that Mr. Lashway
is working above his current title and would be more properly classified as Director of Information
Technology, and
WHEREAS, the Town has reviewed the position description for Director of Information Technology
and the duties and responsibilities of Ryan Lashway and believes Mr. Lashway should be promoted to the
currently vacant position of Director of Information Technology, a Grade 8M, overtime exempt position
within the Town of Queensbury,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby authorizes and directs the promotion of Ryan
Lashway from Computer Technology Coordinator to Director of Information Technology, an overtime
exempt, Grade 8M position within the Town of Queensbury’s Non-Union Position Grade Schedule, effective
st
on or about March 1, 2011, at an annual salary of $60,000, contingent upon Mr. Lashway successfully
passing any promotional examination required by Warren County Civil Service, and
REGULAR TOWN BOARD MEETING 02-28-2011 MTG #6 349
BE IT FURTHER,
RESOLVED, that the Town Board amends the Town of Queensbury Union Position/Grade Schedule
and Non-Union Salary Structure as part of the Town’s Salary Administration Program in the Town’s
Employee Handbook, such that the Director of Information Technology shall be an overtime exempt, Grade
8M position, and
BE IT FURTHER,
RESOLVED, that the Town Board hereby authorizes and directs the Town Supervisor and/or Town
Budget Officer to complete any forms and take any action necessary to effectuate the terms of this
Resolution.
th
Duly adopted this 28 day of February, 2011 by the following vote:
AYES : Mr. Brewer, Mr. Stec, Mr. Metivier, Mr. Strough
NOES : None
ABSENT: Mr. Montesi
Discussion held before vote: Thanked Mr. Lashway for all his work.
RESOLUTION ADJUSTING SALARY OF ASSISTANT COURT CLERK
STEPHANIE MAHONEY
RESOLUTION NO.: 92, 2011
INTRODUCED BY: Mr. John Strough
WHO MOVED FOR ITS ADOPTION
SECONDED BY: Mr. Anthony Metivier
WHEREAS, by Resolution No. 212,2010, Stephanie Mahoney was appointed as part-time Assistant
th
Court Clerk effective June 8, 2010 for a maximum of 30 hours per week, and
WHEREAS, Ms. Mahoney has passed the six month probationary point, and
WHEREAS, according to the part-time hourly wage and annual stipend schedule reviewed by the
st
Town Board effective January 31, 2011, the salary for the position is $12.24 per hour,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby adjusts the salary for the part-time position of
st
Assistant Court Clerk effective January 31, 2011 to $12.24 per hour consistent with the part-time hourly
wage and annual stipend schedule, and
BE IT FURTHER,
REGULAR TOWN BOARD MEETING 02-28-2011 MTG #6 350
RESOLVED, that the Town Board hereby authorizes and directs the Town Supervisor, Town Court
and/or Town Budget Officer to complete any documentation and take such other and further action necessary
to effectuate the terms of this Resolution.
th
Duly adopted this 28 day of February, 2011, by the following vote:
AYES : Mr. Stec, Mr. Metivier, Mr. Strough, Mr. Brewer
NOES : None
ABSENT: Mr. Montesi
RESOLUTION SETTING PUBLIC HEARING ON PROPOSED LOCAL
LAW NO. __ OF 2011 TO AMEND QUEENSBURY TOWN CODE
CHAPTER A183 “SUBDIVISION OF LAND”
RESOLUTION NO.: 93, 2011
INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION
SECONDED BY: Mr. John Strough
WHEREAS, the Queensbury Town Board wishes to consider adoption of Local Law No.: ___ of
2011 to amend Queensbury Town Code Chapter A183 entitled “Subdivision of Land,” which Local Law
would clarify the methods for performing density calculations and provide authority to the Planning Board to
alter setback requirements within Conservation Subdivisions, and
WHEREAS, in accordance with General Municipal Law §239-m, the Town must first refer the
proposed revised Subdivision Code and obtain a recommendation from the Warren County Planning Board
before enacting the legislation, and
WHEREAS, the Town must also obtain approval of the Adirondack Park Agency for the proposed
revised Subdivision Code prior to adoption, and
WHEREAS, the Town of Queensbury amendments comply with and are a furtherance of approval
standards contained in §807 of the Adirondack Park Agency Act and 9 NYCRR Part 582 of Agency
regulations, 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, the Town Board wishes to set a Public Hearing concerning adoption of this Local Law,
NOW, THEREFORE, BE IT
REGULAR TOWN BOARD MEETING 02-28-2011 MTG #6 351
RESOLVED, that the Queensbury Town Board hereby authorizes and directs the Town Clerk or
Senior Planner to forward copies of the proposed revised Subdivision Code, together with a copy of the
completed Part 1 of the Full EAF, to the Adirondack Park Agency and Warren County Planning Board for
their review, approval and/or recommendation, and
BE IT FURTHER
RESOLVED, that the Queensbury Town Board hereby declares its intention to be Lead Agency for
SEQRA review of the proposed revised Subdivision Code and directs the Town Clerk or Senior Planner to
send a copy of the proposed revised Subdivision Code, together with a copy of the completed Part 1 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 Queensbury Town Board shall meet and hold a Public Hearing at the
st
Queensbury Activities Center, 742 Bay Road, Queensbury at 7:00 p.m. on March 21, 2011 to hear all
interested persons concerning proposed Local Law No.: ___ of 2011, 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 bulletin board at least 10 days before the date of the Public Hearing, and
BE IT FURTHER
RESOLVED, that the Town Board further authorizes and directs the Town Clerk to send the Notice
of Public Hearing, together with copies of the proposed Local Law if necessary, to any public officials,
agencies or municipalities, in accordance with New York State Town Law Section 265 and any other
applicable State Laws or Town Code provisions, and
BE IT FURTHER
RESOLVED, that the Town Board further authorizes and directs the 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 28 day of February 2011, by the following vote:
AYES : Mr. Metivier, Mr. Strough, Mr. Brewer, Mr. Stec
NOES : None
ABSENT: Mr. Montesi
REGULAR TOWN BOARD MEETING 02-28-2011 MTG #6 352
RESOLUTION TO AMEND 2011 BUDGET
RESOLUTION NO.: 94, 2011
INTRODUCED BY: Mr. Tim Brewer
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. John Strough
WHEREAS, the following Budget Amendment Requests have been duly initiated and justified and
are deemed compliant with Town operating procedures and accounting practices by the Town Budget
Officer,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby authorizes and directs the Town’s
Accounting Office to take all action necessary to amend the 2011 Town Budget as follows:
From To
Code Appropriation Code Appropriation $
030-8130-4425 Sewage Treatment 030-8110-4900 Admin Fees 10
031-8120-4300 Electricity 031-8110-4900 Admin Fees 10
032-8120-4300 Electricity 032-8110-4900 Admin Fees 520
033-8120-4400 Misc Contractual 032-8110-4900 Admin Fees 31
035-8120-4300 Electricity 035-8110-4900 Admin Fees 31
036-8120-4300 Electricity 036-8110-4900 Admin Fees 225
th
Duly adopted this 28 day of February, 2011, by the following vote:
AYES : Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Metivier
NOES : None
ABSENT : Mr. Montesi
RESOLUTION ENACTING LOCAL LAW NO. 2 OF 2011 TO AMEND
QUEENSBURY TOWN CODE CHAPTER 179 “ZONING”
RESOLUTION NO. 95, 2011
INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION
SECONDED BY: Mr. John Strough
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 previously reviewed by the
Town Board, 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
REGULAR TOWN BOARD MEETING 02-28-2011 MTG #6 353
WHEREAS, the Town Board wishes to consider adoption of a Local Law, previously distributed and
in the form attached, to be designated “Local Law No.: 2 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, and
WHEREAS, such proposed legislation is authorized in accordance with New York State Municipal
Home Rule Law §10 and Town Law Article 16, 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, on December 20, 2010, by Resolution No.: 416, 2010, the Town Board declared itself
Lead Agency for the required SEQRA environmental review for the proposed zoning revisions and 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 and the Town Board duly held a Public Hearing on Monday,
th
January 24, 2011 concerning proposed Local Law 2 of 2011 and heard all interested persons, and
th
WHEREAS, by Resolution No.: 52, 2011, on January 24, 2011 the Town Board, as SEQRA Lead
Agency, reviewed the Full Environmental Assessment Form to analyze potential environmental impacts of
proposed Local Law 2 of 2011, determined that it would not have any significant adverse impact on the
environment and declared and authorized the filing of a SEQRA Negative Declaration, and
WHEREAS, in accordance with General Municipal Law §239-m, the Town duly referred the
proposed revised Zoning Code, Map and Tables to the Warren County Planning Board, which has not
provided a report or recommendation about them, and more than thirty days have elapsed since the Town’s
referral to the Warren County Planning Board, and
WHEREAS, the Adirondack Park Agency has approved the proposed revised Zoning Code,
Map, and Tables, and
WHEREAS, the proposed Local Law is in a form approved by Town Counsel,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby enacts proposed Local Law No.: 2 of 2011 to
amend Queensbury Town Code Chapter 179 entitled “Zoning”, 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 as provided by law, and
REGULAR TOWN BOARD MEETING 02-28-2011 MTG #6 354
BE IT FURTHER,
RESOLVED, that all applications requiring the review and approval of the Town of Queensbury’s
Zoning Administrator which are received and deemed complete prior to the effective date of this Local Law
shall be reviewed under the zoning regulations applicable at the time of such applications, and all applications
requiring the review and approval of the Zoning Administrator received after the effective date of this new
Local Law No.: 2 of 2011 shall be reviewed according to the zoning requirements established by this Local
Law, and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs the Town Clerk and/or Senior
Planner and/or Town Counsel to take any and all action necessary to effectuate all terms of this Resolution.
th
Duly adopted this 28 day of February, 2011, by the following vote:
AYES : Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Metivier
NOES : None
ABSENT: Mr. Montesi
LOCAL LAW NO. 2 OF 2011
A LOCAL LAW AMENDING
TOWN OF QUEENSBURY ZONING LAW
Be it enacted by the Queensbury Town Board as follows:
Section 1. Authority – This Local Law is adopted pursuant to New York
Municipal Home Rule Law.
Section 2. Amendment of Zoning Law – Chapter 179 of the Queensbury Town
Code, entitled “Zoning” and known as the “Town of Queensbury Zoning Law” is hereby
amended as follows:
A. Article 2, entitled “Definitions” is amended as follows:
(1) The definition of “Accessory Structure” is amended to read as follows:
ACCESSORY STRUCTURE — A building or structure subordinate and clearly incidental to
the principal building on the same lot and used for a purpose customarily incidental to
that of the principal building. Examples of customary residential accessory uses include
storage sheds, boathouses, swimming pools, tennis courts, basketball courts, paddleball
courts and other outdoor athletic courts, decks and garages (temporary or permanent)
having an opening or doorway of 6 feet in width or more. The term does not include
pool pump houses under 25 square feet, or playhouses and gazebos under 120 square
feet unless within the Adirondack Park where the maximum size is 100 square feet to
qualify for this exemption.
REGULAR TOWN BOARD MEETING 02-28-2011 MTG #6 355
(2) The following new definition of “Apartment House” is added:
APARTMENT HOUSE -- A multiple-family dwelling that is a building arranged in single
dwelling units and intended or designed to be occupied by three or more families living
independently of each other, which building may or may not have common services and
entrances, and which units are rented.
(3) The following new definition of “Auto Body/Repair Shop” is added:
AUTO BODY/REPAIR SHOP -- Any building, premises and/or land in which or upon which
the primary use is a business which involves the service, maintenance or repair of
automobiles, and other small vehicles under 2 ½ tons and motors, including the repair
of the body or frame of an automobile, including painting, straightening, sanding and
welding, within an enclosed structure and in which the sale of materials is clearly
incidental to the primary use.
(4) The definition of “Bed and Breakfast” is amended to read as follows:
BED-AND-BREAKFAST — A use, located within a one- or two-family dwelling, in which 6
or fewer guest rooms are rented on a nightly basis for periods of less than a week and
where at least one meal is offered in conjunction with each guest night.
(5) The following new definition of “Construction Company” is added”
CONSTRUCTION COMPANY -- Businesses related to the construction trade, including but
not limited to paving companies, bricklayers, septic tank cleaning companies, well
drillers, installation and building companies and similar businesses where machinery,
equipment, supplies and materials are stored and maintained for use or installation at
another location.
(6) The definition of “Convenience Store” is amended to read as follows:
CONVENIENCE STORE — A retail establishment offering for sale prepackaged food
products, household items, newspapers and magazines, sandwiches and other prepared
foods, generally for off-site consumption, but which may offer limited seating without
wait service. This use may offer gasoline sales as a use.
(7) The definition of “Convention, Sports or Exhibit Center” is amended to
read as follows:
CONVENTION, SPORTS OR EXHIBIT CENTER — A sports arena or permanent facility,
structure or combination of structures offering at least 10,000 square feet of space
dedicated to meeting space and designed to support, as its principal uses,
receptions/banquets, entertainment events, community events, school and use events,
religious events, conferences, trade, sports, arts and crafts shows, exhibits, expos,
animal shows or consumer shows, annual conventions, corporate conferences,
educational meetings, garage sales, sales and incentive meetings. As secondary uses,
such facility may provide food services or sell items related to events in progress.
(8) The following new definition of “Electric Power Plant” is added:
ELECTRIC POWER PLANT – A facility where electric power is produced for transmission
across the power grid. An Electric Power Plant is a major public utility.
(9) The definition of “Junkyard” is amended to read as follows:
JUNKYARD — Any open lot or area for the dismantling, storage or sale of motor vehicles,
.
as parts, scrap or salvage, or more than two junk vehicles
(10) The following new definition of “Municipal Center” is added:
MUNICIPAL CENTER – See “Public or Semi Public Building.”
(11) The following new definition of “No Cut Zone” is added:
NO CUT ZONE – A no-disturbance zone to be a vegetated area where no vegetation is
removed and no disturbance of land takes place. This area may not be used for:
REGULAR TOWN BOARD MEETING 02-28-2011 MTG #6 356
vehicular storage, accessory structures, open storage, driveways, athletic courts, and
stormwater or wastewater systems.
(12) The following new definition of “Recycling Center” is added:
RECYCLING CENTER - A lot or parcel of land, with or without buildings where a business
collects, receive or buys recyclable materials from household, commercial or industrial
sources for the purpose of sorting, grading, processing or packaging any waste other
than hazardous waste, private or municipal waste, for reuse. It may be a facility where
commingled recyclables are sorted, bailed or otherwise processed for transport off-site
for subsequent reuse, marketing or shipment. A Recycling Center shall not be used for
the dismantling, storage or sale of any motor vehicles as parts, scrap or salvage.
(13) The following new definition of “Repossession Facility” is added:
REPOSESSION FACILITY -- An establishment primarily engaged in the recovery and short-
term storage of repossessed items. This type of facility may include an office and either
indoor and/or outdoor storage areas.
B. Article 3, entitled “Zoning Districts” is amended to read as follows:
ARTICLE 3
Zoning Districts
§ 179-3-010. Map adopted.
The boundaries for each zoning district listed as part of this chapter are the boundaries
depicted on the map entitled the "Town Zoning Map of the Town of Queensbury," as
amended from time to time, which map is on file with and available from the Town and is
hereby adopted and declared to be part of this chapter and hereinafter known as the "Town
Zoning Map."
§ 179-3-020. Interpretation of district boundaries.
A. In making a determination where uncertainty exists as to boundaries of any of the
zoning districts shown on the Zoning Map, the following rules shall apply:
(1) Where district boundaries are indicated as approximately following the center line
of streets, alleys, highways or railroads, such lines shall be construed to be district
boundaries.
(2) Where district boundaries are indicated as approximately following a stream center
line, or shoreline of a lake or other body of water, such stream, lake or body of
water shall be construed to be such district boundaries at the center line of streams
and the mean high-water mark (if so defined) of the identified shoreline of lakes and
other water bodies, unless otherwise noted.
(3) Where district boundaries are indicated as approximately following lot lines, such
lot lines shall be construed to be said boundaries.
(4) Where district boundaries are not indicated as approximately following the items
listed in Subsection A(1), (2) and (3) above, the boundary line shall be determined
by the use of the zone depth key as designated on the Zoning Map.
(5) Whenever any street, alley or other public way is abandoned in the manner
authorized by law, the district adjoining each side of such street, alley or public way
shall be automatically extended to the center of the former right-of-way, and all of
the area included in the vacation shall then and henceforth be subject to all
regulations of the extended districts.
(6) Zoning districts shall be construed to extend into the water to the boundaries of the
Town line.
B. In the event that none of the above rules are applicable or in the event that further
clarification or definition is considered necessary or appropriate, the location of a
district boundary shall be determined by the Zoning Board of Appeals.
§ 179-3-030. Adirondack Park Land Use and Development Plan Map.
A. The boundaries within the Town of the land use areas established by the official
Adirondack Park Land Use and Development Plan Map, as may be from time to time
amended pursuant to Subdivision 2 of Section 805 of the Adirondack Park Agency Act,
REGULAR TOWN BOARD MEETING 02-28-2011 MTG #6 357
are indicated by the separate map entitled "Adirondack Park Land Use and
Development Plan Map of the Town of Queensbury," as amended from time to time,
which accompanies this chapter and which is hereby adopted and declared to be part of
this chapter and hereafter shall be known as the "Park Plan Map."
B. Any change of the boundaries within the Town of a land use area by an amendment of
the official Adirondack Park Land Use and Development Plan Map pursuant to
Subdivision 2 of Section 805 of the Adirondack Park Agency Act shall take effect, for the
purposes of this chapter, concurrently with that amendment without further action, and
the Park Plan Map shall be promptly changed in accordance with that amendment. The
amendment provisions of Article 15, Amendments, of this chapter do not apply to the
Park Plan Map, which is amended only pursuant to the provisions of the Adirondack
Park Agency Act. Copies of the Park Plan Map, which may from time to time be
published and distributed, are accurate only as of the date of their printing and shall
bear words to that effect.
§ 179-3-040. Establishment of zoning districts.
The zoning districts established by this chapter, are as follows:
A. Residential districts.
(1) Land Conservation LC-42A and LC-10A. The LC Districts encompass areas where land
has serious physical limitations to development or unique characteristics that
warrant restricting development to very low densities. It is also an area that adds to
the Town's rural character and should also be protected as such. This area of the
Town is described in the "Neighborhoods" section of the Comprehensive Plan,
adopted on August 6, 2007, and the districts retain the same boundaries as set forth
in the Town's 2002 Zoning Law and Map.
(a) Uses allowed. The uses allowed in this district are set forth on Table 2 of this
chapter.
(b) Dimensional requirements. All uses in this district must comply with the
requirements of Table 1 of this Chapter and as follows (Note that all are
minimum requirements except density and building height which are maximum
restrictions.)
[1] Density.
[a] LC-42A: 42 acres per dwelling unit or principal nonresidential building.
[b] LC-10A: 10 acres per residential dwelling unit or principal nonresidential
building.
[2] Front yard setback: 100 feet.
[3] Side yard setback: 100 feet.
[4] Rear yard setback: 100 feet.
[5] Shoreline/Stream/Wetland setback: 200 feet.
[6] Lot width: 500 feet.
[7] Road frontage: 400 feet.
[8] Water frontage: 400 feet.
[9] Building height: 35 feet.
[10] Percent permeable: 95%.
(c) Subdivision requirements.
[1] Minimum area for conservation subdivision.
[a] LC-42A: 210 acres.
[b] LC-10A: 50 acres.
[2] Design standards and requirements as set forth in § 179-4-010 of Article 4.
[3] Flag lots: allowed per requirements set forth in § 179-4-010 of Article 4.
(d) Residential development guidelines. Design guidelines for placement of new
residential dwellings are set forth in Article 4 of this chapter.
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(e) Nonresidential development guidelines. Design guidelines for nonresidential
development are set forth in of Article 4 of this chapter.
(2) Rural residential. The Rural Residential (RR) Districts are intended to preserve and
enhance the natural open space and rural character of the Town by limiting
development to low densities. Low densities are warranted in this area of the Town
due to natural features (such as steep slopes, wetlands, and limiting soils) as well as
marginal access to populated areas. This area of the Town is described in the
"Neighborhoods" section of the Comprehensive Plan, adopted on August 6, 2007. In
addition, and perhaps most importantly, this is the land area of the Town that is
extremely important to the preservation of its rural character. As such, the district is
intended to promote open spaces and rural design.
(a) Uses allowed. The uses allowed in this district are set forth in Table 2 of this
chapter.
(b) Dimensional requirements. All uses in this district must comply with the
requirements of Table 1 of this Chapter and as follows (Note that all are
minimum requirements except density and building height which are maximum
restrictions.):
[1] Density.
[a] RR-5A: five acres per dwelling unit.
[b] RR-3A: three acres per dwelling unit.
[2] Front yard setback: 100 feet.
[3] Side yard setback: 75 feet.
[4] Rear yard setback: 100 feet.
[5] Shoreline/Stream/Wetland setback: 75 feet.
[6] Lot width: 400 feet.
[7] Road frontage: 400 feet.
[8] Water frontage: 200 feet.
[9] Building height: 40 feet; 35 feet in the Adirondack Park.
[10] Percent permeable: 75%.
(c) Subdivision requirements.
[1] Minimum area for conservation subdivision.
[a] RR-3A: 15 acres.
[b] RR-5A: 25 acres.
[2] Design standards and requirements are set forth in Article 4.
[3] Flag lots are allowed per requirements set forth in Article 4.
(d) Residential development guidelines. Design guidelines for placement of new
residential dwellings are set forth in § 179-4-010 of this chapter.
(3) Moderate-density residential. The Moderate Density Residential (MDR) District is
intended to protect the character of Queensbury's low-, medium- and high-density,
strictly single-family neighborhoods and to create more walkable neighborhoods.
This area of the Town is described in the "Neighborhoods" section of the
Comprehensive Plan, adopted on August 6, 2007.
(a) Uses allowed. The uses allowed in this district are set forth on Table 2 of this
chapter.
(b) Dimensional requirements. All uses in this district must comply with the
requirements of Table 1 of this Chapter and as follows (Note that all are
minimum requirements except density and building height which are maximum
restrictions.):
[1] Density:
[a] Two acres per dwelling unit if not connected to public sewer and water
systems.
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[b] One acre per dwelling unit if connected to public sewer and water
systems.
[2] Front yard setback: 30 feet.
[3] Side yard setback: 25 feet.
[4] Rear yard setback: 30 feet.
[5] Shoreline/Stream/Wetland setback: 75 feet.
[6] Lot width: 100 feet.
[7] Road frontage: 100 feet.
[8] Water frontage: 100 feet.
[9] Building height: 40 feet (35 feet if within Adirondack Park boundaries).
[10] Percent permeable: 50%.
(c) Subdivision requirements.
[1] Minimum area for conservation subdivision: two acres with 50% of
subdivided property remaining as meaningful open space.
[2] Design standards and requirements are set forth in § 179-4-010 of Article 4.
(d) Residential development guidelines. Design guidelines for placement of new
residential dwellings are set forth in § 179-4-010 of Article 4 of this chapter.
(e) Nonresidential development guidelines. Design guidelines for nonresidential
development are set forth in Article 4 of this chapter.
(4) Neighborhood residential. The Neighborhood Residential (NR) District encompasses
areas of older, more traditional, high-density neighborhoods. Areas subject to
intense development pressure, located near service areas, are similarly zoned. This
district is intended to protect and enhance traditional, high-density neighborhood
character while providing the opportunity for infill and high-density housing. This
area of the Town is described in the "Neighborhoods" section of the Comprehensive
Plan, adopted on August 6, 2007.
(a) Uses allowed. The uses allowed in this district are set forth on Table 2 of this
chapter.
(b) Dimensional requirements. All uses in this district must comply with the
requirements of Table 1 of this Chapter and as follows (Note that all are
minimum requirements except density and building height which are maximum
restrictions.):
[1] Density:
[a] If not connected to public sewer and water systems: 0.5 acre per
dwelling unit.
[b] If connected to public sewer and water systems: 10,000 square feet per
dwelling unit.
[2] Front yard setback: 20 feet.
[3] Side yard setback: 10 feet if buildings are not connected or zero if
connected.
[4] Rear yard setback: 15 feet.
[5] Shoreline/Stream/Wetland setback: 50 feet.
[6] Lot width: 50 feet.
[7] Road frontage: 50 feet.
[8] Water frontage: 50 feet.
[9] Building height: 40 feet (35 feet if within Adirondack Park boundaries).
[10] Percent permeable: 35%
(c) Subdivision requirements.
[1] Conservation subdivision design is not permitted.
[2] Design standards and requirements are set forth in § 179-4-010 of Article 4.
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(d) Residential development guidelines. Design guidelines for placement of new
residential dwellings are set forth in § 179-4-010 of this chapter.
(5) Waterfront residential. The purpose of the Waterfront Residential (WR) District is to
protect the delicate ecological balance of the Town's lakes and the Hudson River as
well as to enhance the aesthetics of waterfront areas while providing adequate
opportunities for development. This area of the Town is described in the
"Neighborhoods" section of the Comprehensive Plan, adopted on August 6, 2007,
and formerly consisted of WR-3A and WR-1A Zoning Districts set forth in the Town's
2002 Zoning Law.
(a) Uses allowed. This district allows single-family residences, boathouses and
hunting and fishing cabins (of less than 500 square feet) as permitted uses
(requiring only a zoning permit) and allows marinas and commercial boat sales,
servicing and storage uses by special use permit. A complete list of uses allowed
in this district is set forth on Table 2 of this chapter.
(b) Dimensional requirements. All uses in this district must comply with the
requirements of Table 1 of this Chapter and as follows (Note that all are
minimum requirements except density, floor area ratio and building height
which are maximum restrictions.):
[1] Density: 2.0 acres per dwelling unit.
[2] Front yard setback: 30 feet.
[3] Side yard setback: varies by lot widths listed below:
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Side Setback
Lot Width (feet)
Required (feet)
0 to 50 12
15
Greater than or equal to 50 and less than or
equal to 60
20
Greater than or equal to 60 and less than or
equal to 150
150 and greater 25
[4] Rear yard setback: 30 feet.
[5] Shoreline/Stream/Wetland setback: 50 feet or 75 feet (see Zoning Map).
[6] Lot width: 150 feet.
[7] Road frontage: 150 feet.
[8] Water frontage: 150 feet.
[9] Building height: 28 feet; 16 feet for accessory structures.
[10] Percent permeable: 75%.
[11] Floor area ratio: 22%.
(c) Subdivision requirements.
[1] Minimum area for Conservation subdivision: four acres.
[2] Design standards and requirements: as set forth in Article 4.
(d) Residential development guidelines. Design guidelines for placement of new
residential dwellings and conversions of seasonal residences are set forth in §
179-4-010 of Article 4 of this chapter.
(e) Septic system certification. All development activities, including new
construction, expansions or extensions, conversions and remodeling, for all uses
that require septic systems that commence subsequent to the effective date of
this section, shall be required to establish that septic systems comply with the
most recently adopted standards and requirements or to update systems
accordingly. Written certification from a professional engineer and/or from the
Town Engineer as to compliance of existing, updated or new systems shall be
required prior to the issuance of a zoning permit or building permit. In addition,
any septic system that fails shall be required to be reconstructed with a design
that meets the most recently adopted standards.
(f) Shoreline clearing, alteration, access. The clearing of any area within 50 feet of a
shoreline, the alteration of a shoreline or the provision of shared access to an
area within 50 feet of a shoreline, including but not limited to shared access of
shoreline areas, must comply with the requirements set forth in § 179-4-
010G(4).
(6) Parkland Recreation PR-42. The PR District encompasses areas where lands are
controlled by municipalities and are set aside for the protection of natural resources
or recreational activities and which can support minimal development or low-impact
land uses of very low densities. This area of the Town is described in the
"Neighborhoods" section of the Comprehensive Plan, adopted on August 6, 2007,
and this district remains unchanged from what was provided under the 2002 Zoning
Law.
(a) Uses allowed. The uses allowed in this district are set forth on Table 2 of this
chapter.
(b) Dimensional requirements. All uses in this district must comply with the
requirements of Table 1 of this Chapter and as follows (Note that all are
minimum requirements except density and building height which are maximum
restrictions.):
[1] Density: 42 acres per principal use/structure.
[2] Front yard setback: 100 feet.
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[3] Side yard setback: 100 feet.
[4] Rear yard setback: 100 feet.
[5] Shoreline/Stream/Wetland setback: 150 feet.
[6] Lot width: 800 feet.
[7] Lot depth: 800 feet.
[8] Road frontage: 400 feet.
[9] Water frontage: 800 feet.
[10] Building height: 35 feet.
[11] Percent permeable: 90%.
(c) Subdivision requirements.
[1] Minimum area for Conservation Subdivision : 210 acres.
[2] Design standards and requirements: as set forth in § 179-4-010 of Article 4.
(d) Nonresidential development standards. The standards and requirements set
forth in Article 4 of this chapter shall apply to all nonresidential uses in this
district where applicable.
B. Commercial districts.
(1) Enclosed Shopping Center ESC. The ESC District encompasses those areas where
shopping center development exists or is anticipated. The intent of this district is to
ensure that shopping center development, as well as compatible commercial infill
development, provides safe access points, coherent and safe traffic patterns,
efficient loading and unloading, aesthetically pleasing shopping environments and
safe pedestrian circulation. This area of the Town formerly consisted, under the
2002 Zoning Law, of the same district boundaries as are currently established herein
but with the zoning district designation of "ESC-25A."
(a) Uses allowed. The uses allowed in this district are set forth on Table 3 of this
chapter. Freestanding buildings are permitted in this district.
(b) Dimensional requirements. All uses in this district must comply with the
requirements of Table 1 of this Chapter and as follows (Note that all are
minimum requirements except density and building height which are maximum
restrictions.):
[1] Density: 1.0 acre per principal use with a minimum of 0.5 acre per 4,000
square feet of floor area.
[2] Front yard setback: 40 feet.
[3] Side yard setback: 30 feet.
[4] Rear yard setback: 30 feet.
[5] Shoreline/Stream/Wetland setback: 150 feet.
[6] Lot width: 500 feet.
[7] Road frontage: 75 feet.
[8] Water frontage: 200 feet.
[9] Building height: 40 feet.
[10] Percent permeable: 20%.
[11] Percent landscaped: 15%.
(c) Development standards. The standards and requirements set forth in Article 4
of this chapter shall apply to all uses in this district as well as expansion,
remodeling or change of use to existing structures and uses.
(2) Office. The Office District encompasses areas where professional offices are
encouraged. These are located along arterials adjoining residential areas where
compatibility with residential uses is important. The Town desires to see
development of high-quality offices where structures and facilities are constructed
with particular attention to detail, including but not limited to architecture, lighting,
landscaping, signs, streetscape, public amenities, and pedestrian connections. The
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Office District can function as a transition zone protecting residential zones from
more intensive commercial uses, while providing convenient professional services to
residential neighborhoods. Office and residential facilities should be sited and built
to demonstrate compatibility with adjoining uses and to minimize any negative
impacts on adjoining land uses.
(a) Uses allowed. The uses allowed in this district are set forth on Table 3 of this
chapter. In addition:
[1] No residential uses shall be allowed within 300 feet of Bay Road and West
Mountain Road.
[2] Both commercial and residential uses are allowed beyond 300 feet back
from the arterial road.
[3] Large offices are prohibited uses in the Gurney Lane Office District.
(b) Dimensional requirements. All uses in this district must comply with the
requirements of Table 1 of this Chapter and as follows (Note that all are
minimum requirements except density, building size and building height which
are maximum restrictions.):
[1] Density.
[a] Nonresidential: 0.5 acre per 7,000 square feet of floor area per story.
[b] Residential: 1.0 acre per eight residential dwelling units (whether or not
included with nonresidential floor area).
[c] Required lot size for all uses shall depend on the site being able to
accommodate buildings, parking areas, landscaping and other site
features.
[2] Front yard setback: 75 feet
[3] Side yard setback: 25 feet
[4] Rear yard setback: 25 feet
[5] Shoreline/Stream/Wetland setback: 75 feet
[6] Lot width: 150 feet.
[7] Road frontage: 75 feet.
[8] Water frontage: 80 feet.
[9] Building height: maximum of 40 feet.
[10] Maximum building size.
[a] 75,000 square feet footprint with a 150,000 total square footage for
properties within the Bay Road Design Guideline areas and 20,000
square feet total all those properties outside the Bay Road Design
Guideline area.
[11] Percent permeable: 35%.
[12] Percent landscaped: 15%.
[13] Critical Environmental Area setback: 100 feet.
(c) Development standards. The standards and requirements set forth in Article 4
of this chapter shall apply to all uses in this district as well as expansion,
remodeling or change of use to existing structures and uses. In addition, there
are specific design standards and guidelines for mixed-use developments as set
forth in Article 7 of this chapter.
(3) Commercial Intensive (CI). The CI Districts comprise that area of Queensbury that
already has intense commercial development. The purpose of this district is to
provide for continuing infill development of this type, while encouraging the overall
improvement and appearance of these areas.
(a) Uses allowed. A complete list of uses allowed in the CI District is set forth on
Table 3 of this chapter.
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(b) All uses in this district must comply with the requirements of Table 1 of this
Chapter and as follows (Note that all are minimum requirements except building
height and floor area ratio which are maximum restrictions.):
[1] Minimum lot size: one acre.
[2] Front yard setback: 75 feet.
[3] Side yard setback: 20 feet minimum, with a minimum total of 50 feet both
sides.
[4] Rear yard setback: 25 feet.
[5] Shoreline/Stream/Wetland: 75 feet.
[6] Lot width: 150 feet.
[7] Lot Depth: 200 feet
[8] Road frontage: 50 feet.
[9] Water frontage: 150 feet.
[10] Building height: 40 feet.
[11] Floor area ratio: 0.3.
[12] Percent permeable: 30%.
[13] Percent landscaped: 30%.
[14] Merchandise Display setback : 25 feet
(4) Commercial Moderate (CM). The CM District is that area of Queensbury that already
has moderate levels of commercial development and where surrounding patterns of
land use dictate less intensive development than in the CI District.
(a) Uses allowed. A complete list of uses allowed in the CM District is set forth on
Table 3 of this chapter.
(b) All uses in this district must comply with the requirements of Table 1 of this
Chapter and as follows (Note that all are minimum requirements except building
height and floor area ratio which are maximum restrictions.):
[1] Minimum lot size: one acre.
[2] Front yard setback: 75 feet.
[3] Side yard setback: 20 feet minimum, with a minimum total of 50 feet both
sides.
[4] Rear yard setback: 25 feet.
[5] Shoreline/Stream/Wetland: 75 feet.
[6] Lot width: 150 feet.
[7] Lot Depth: 200 feet
[8] Road frontage: 50 feet.
[9] Water frontage: 150 feet.
[10] Building height: 40 feet.
[11] Floor area ratio: 0.3.
[12] Percent permeable: 30%.
[13] Percent landscaped: 30%.
[14] Merchandise Display setback: 25 feet
(c) Development standards. The applicable standards and requirements set forth in
all other Articles of this chapter shall apply to all uses in this district as well as
expansion, remodeling or change of use to existing structures and uses. In
addition, large-scale uses shall submit and have approved a long-term plan (15
years or more) as part of the site plan submittal that defines all uses, intensities
of uses, entertainment and/or recreational activities and any other features of
the use that are deemed relevant by the Planning Board.
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(5) Main Street. The Main Street (MS) District includes those areas of the Town where
there is potential to create a traditional main street environment which include a
streetscape of relatively small-scale stores and businesses that are arranged at
build-to lines promoting pedestrian activity and a vehicular traffic-slowing aesthetic.
This area of the Town is described in the "Commercial Corridors" section of the
Comprehensive Plan, adopted on August 6, 2007, and contains a portion of what
was formerly Highway Commercial Moderate (HC-Mod) under the 2002 Zoning Law.
(a) Uses allowed. This district primarily allows a variety of retail, office, personal
and business services uses (excluding auto service) at a scale that is appropriate
to a traditional rural town main street. In addition, dwelling units on the first
floor are prohibited, and dwelling units above the first or second floor are
allowed and encouraged. Such uses will require site plan review and approval.
Restaurants and taverns will be allowed by special use permit. A mixture of uses
in a building is also allowed. A complete list of uses allowed in the MS District is
set forth on Table 3 of this chapter.
(b) Dimensional requirements. All uses in this district must comply with the
requirements of Table 1 of this Chapter and as follows (Note that all are
minimum requirements except density, building height and size which are
maximum restrictions.):
[1] Density: 15,000 square feet of land area per principal use, with a minimum
lot size of 15,000 square feet per 2,000 square feet of floor area.
[2] Front yard setback: built-to line required for properties fronting Main
Street, otherwise 20 feet[See § 179-7-070A(1)(c).]
[3] Side yard setback: zero if buildings are connected, otherwise 20 feet.
[4] Rear yard setback: 10 feet.
[5] Shoreline/Stream/Wetland setback: 50 feet.
[6] Lot width: 50 feet.
[7] Road frontage: 50 feet.
[8] Water frontage: 75 feet.
[9] Building height: 50 feet.
[10] Maximum building size:
[a] Footprint: 20,000 square feet.
[b] Total: 80,000 square feet.
[11] Percent permeable: 10%.
[12] Percent landscaped: 5%.
(c) Development standards. The applicable standards and requirements set forth in
all other Articles of this chapter shall apply to all uses in this district as well as
expansion, remodeling or change of use to existing structures and uses. In
addition, large-scale uses shall submit and have approved a long-term plan (15
years or more) as part of the site plan submittal that defines all uses, intensities
of uses, entertainment and/or recreational activities and any other features of
the use that are deemed relevant by the Planning Board.
(6) Recreation Commercial. The Recreation Commercial District is intended to isolate,
protect and encourage expansion of the recreation industry. Large-scale uses will be
required to produce long-range plans defining uses, intensities, etc. This area of the
Town has the same district boundaries as under the 2002 Zoning Law.
(a) Uses allowed. This district primarily allows a variety of outdoor recreation uses
such as amusement centers, campgrounds, and golf courses, as well as
restaurants and lodges. All uses require site plan review and approval with the
exception that outdoor concert events require a special use permit. A complete
list of the uses allowed in the RC District is set forth on Table 3 of this chapter.
(b) Dimensional requirements. All uses in this district must comply with the
requirements of Table 1 of this Chapter and as follows (Note that all are
minimum requirements except density and building height which are maximum
restrictions.):
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[1] Density: 2000 square feet of principal building per 15,000 sf of land.
[2] Front yard setback: 30 feet.
[3] Side yard setback: 20 feet.
[4] Rear yard setback: 20 feet.
[5] Shoreline/Stream/Wetland: 75 feet.
[6] Lot width: 75 feet.
[7] Road frontage: 75 feet.
[8] Water frontage: 200 feet.
[9] Building height: 35 feet.
[10] Percent permeable: 30%.
(c) Development standards. The standards and requirements set forth in all other
Articles of this chapter shall apply to all uses in this district as well as expansion,
remodeling or change of use to existing structures and uses. In addition, large-
scale uses shall submit and have approved a long-term plan (15 years or more)
as part of the site plan submittal that defines all uses, intensities of uses,
entertainment and/or recreational activities and any other features of the use
that are deemed relevant by the Planning Board.
(7) Neighborhood Commercial.
(a) Uses allowed. This district primarily allows a variety of uses intended to enable
residents of Queensbury's outlying areas to obtain staples, necessities and other
goods from small-scale neighborhood-oriented shopping centers without
traveling to major commercial centers. A complete list of the uses allowed in
the RC District is set forth on Table 3 of this chapter.
(b) Dimensional requirements. All uses in this district must comply with the
requirements of Table 1 of this Chapter and as follows (Note that all are
minimum requirements except density and building height which are maximum
restrictions.):
[1] Density: one acre of land per principal use or structure.
[2] Front yard setback: 40 feet.
[3] Side yard setback: 20 feet.
[4] Rear yard setback: 15 feet.
[5] Shoreline/Stream/Wetland: 75 feet.
[6] Lot width: 50 feet.
[7] Lot depth: 100 feet.
[8] Road frontage: 50 feet.
[9] Water frontage: 75 feet.
[10] Building height: 30 feet.
[11] Percent permeable: 30%.
C. Industrial Districts.
(1) Commercial-Light Industrial. The purpose of the Commercial-Light Industrial (CLI)
District is to provide for mixed commercial and light industrial uses in order to
maximize utilization of this area of the Town that will enhance the Town's tax base
and provide quality jobs, particularly those areas that are in transition between
older industrial uses and newer commercial warehousing and retail uses. This area
of the Town is described in the "Industrial Corridors/Economic Development"
section of the Comprehensive Plan, adopted on August 6, 2007, and merges the
former CI-1A and LI Districts provided under the 2002 Zoning Law.
(a) Uses allowed. This district allows light industrial uses which are its main focus,
as well as warehousing, storage, and truck depot uses. In addition, commercial
uses such as retail and services areas are allowed with certain restrictions as to
size and location. These restrictions are provided to ensure that the district's
purpose remains light industry and that the nonindustrial uses do not
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predominate but serve as compatible infill to serve the area. All allowed uses
require site plan review. A complete list of the uses allowed in this CLI District is
set forth on Table 4 of this chapter.
(b) Dimensional requirements. All uses in this district must comply with the
requirements of Table 1 of this Chapter and as follows [Note that all are
minimum requirements except density and building height (and building size for
retail) which are maximum restrictions.]:
[1] Density: one acre minimum per principal use/structure.
[2] Front yard setback: 50 feet.
[3] Side yard setback: 30 feet.
[4] Rear yard setback: 30 feet.
[5] Shoreline/Stream/Wetland setbacks: 75 feet.
[6] Lot width: 200 feet.
[7] Lot depth: 200 feet.
[8] Road frontage: 100 feet.
[9] Water frontage: 200 feet.
[10] Building height: 60 feet.
[11] Maximum building size: 40,000 square feet total for retail uses only; no
limit for industrial uses.
[12] Percent permeable: 30%.
[13] Percent landscaped: 15%.
(c) Development standards. The applicable standards and requirements set forth in
all other Articles of this chapter shall apply to all uses in this district as well as
expansion, remodeling or change of use to existing structures and uses. In
addition, large-scale uses shall submit and have approved a long-term plan (15
years or more) as part of the site plan submittal that defines all uses, intensities
of uses, entertainment and/or recreational activities and any other features of
the use that are deemed relevant by the Planning Board.
Further, for all retail uses (including but not limited to business, personal and
food service uses), the building footprint and/or area of use must be wholly
located within 500 feet of the frontage road.
(2) Heavy Industry HI. The HI District provides opportunities for the expansion of heavy
industry without competition from other land uses. Large-scale manufacturing
plants that often require access to rail transportation and are often considered
incompatible with other land uses will be give maximum opportunity to flourish in
this district. This area of the Town is described in the "Industrial Corridors/Economic
Development" section of the Comprehensive Plan, adopted on August 6, 2007, and
this district remains unchanged from what was provided under the 2002 Zoning
Law.
(a) Uses allowed. This district allows both heavy and light industrial uses with only a
few other uses such as warehousing, truck depot, junkyard and adult uses. All
uses are allowed pursuant to either site plan review and/or special use permit. A
complete list of the uses allowed in this HI District is set forth on Table 4 of this
chapter.
(b) Dimensional requirements. All uses in this district must comply with the
requirements of Table 1 of this Chapter and as follows (Note that all are
minimum requirements except density and building height which are maximum
restrictions.):
[1] Density: three acres minimum per principal use/structure.
[2] Front yard setback: 100 feet.
[3] Side yard setback: 50 feet.
[4] Rear yard setback: 50 feet.
[5] Shoreline/Stream/Wetland: 200 feet.
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[6] Lot width: 300 feet.
[7] Lot depth: 400 feet.
[8] Road frontage: 300 feet.
[9] Water frontage: 200 feet.
[10] Building height: 60 feet.
[11] Maximum building size: no limit for industrial uses.
[12] Percent permeable: 30%.
[13] Percent landscaped: 15%.
(c) Development standards. The applicable standards and requirements set forth in
all other Articles of this chapter shall apply to all uses in this district as well as
expansion, remodeling or change of use to existing structures and uses. In
addition, large-scale uses shall submit and have approved a long-term plan (15
years or more) as part of the site plan submittal that defines all uses, intensities
of uses, entertainment and/or recreational activities and any other features of
the use that are deemed relevant by the Planning Board.
(3) Veterans Field Light Industrial Park / Northway Business Park District
The purpose of this district is to allow the creation of a “shovel-ready” industrial
park such that allowed uses that satisfy the requirements and restrictions governing
property within the district may proceed to construction promptly.
This district is located within the City of Glens Falls, which annexed the area
from the Town pursuant to an Annexation Agreement dated June 1, 2003, between
the City and the Town.
Use of property in this district is subject to the provisions of the Annexation
Agreement, as well as the SEQRA Findings adopted by the Town of Queensbury
Town Board on April 23, 2001 (which were also subsequently adopted by the City),
the Model Site Plan (Site Plan Number SP20-2001) approved by the Town of
Queensbury Planning Board on May 15, 2001, the provisions of this section of the
Town Code, the Declaration of Covenants and Restrictions on the property filed by
the City of Glens Falls, as well as the provisions of all map(s), plans and documents
referenced in the Annexation Agreement, SEQRA Findings, Model Site Plan and the
Declaration of Covenants and Restrictions. The Annexation Agreement, SEQRA
Findings, Model Site Plan, Declaration of Covenants and Restrictions and the map(s),
plans and documents referenced within them, are all incorporated herein by
reference.
Following is a partial list of the restrictions and requirements governing
property in this district:
A. Principal Permitted Uses: Any light manufacturing, assembly, production, office
or other industrial or research use that complies with the Model Site Plan
approved by the Town of Queensbury Planning Board.
B. Dimensional and Lot-Coverage Restrictions:
1. Maximum building height; 50 feet.
2. Maximum building coverage: 30%.
3. Minimum green space requirement: 30%.
4. Minimum exterior setback: 50 feet.
5. Minimum interior setback: 20 feet.
C. Site Requirements:
1. A twenty-foot landscaped buffer shall be maintained along the frontages of
Luzerne Road, Veterans Road and Sherman Avenue.
2. Parking shall not exceed one space per 500 gross square feet of
development.
3. At least 5% of parking lot interiors shall be devoted to green space.
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4. Parking lot lighting shall be provided by shoebox-style fixtures mounted on
poles not exceeding 20 feet in height. Interior parking lot lighting shall not
exceed 7.5 foot-candles. Lighting shall not spill off the lot boundary.
5. Wall-mounted lights shall be aimed at the ground.
6. All uses shall be required to provide interconnection across the front and
rear of each lot with the lot adjacent. Such connection shall result in an
interior circulation pattern substantially as shown in the Model Site Plan and
overall concept plan.
D. Building Appearance: Buildings shall generally be of masonry or wood
construction. Butler or metal-type buildings shall be allowed where there is a
front office space of masonry or wood construction.
E. Environmental Standards:
1. Uses shall not generate trips in excess of 1.01 trips/1,000 gross square feet
during the hours of 7:00 AM to 9:00 AM and 1.08 trips/1,000 gross square
feet during the hours of 4:00 PM to 6:00 PM.
2. Noise shall not exceed 70 dBA at the exterior property line during the
daytime, and 63 dBA at night.
3. Uses shall not generate particulate matter exceeding an opacity of two on
the Ringleman Scale.
4. Uses shall not generate noxious odors.
5. Uses shall not produce noticeable vibration at the exterior property line.
6. Uses shall not produce radiation measurable at the exterior property line.
7. No physical disturbance to the wetlands on any property shall be allowed,
unless in compliance with current ACOE permit standards.
8. Stormwater shall be conveyed by natural drainage to the interior wetland
area and to drywells and catch basins in the surrounding roadways, which in
turn must be connected to existing drainage systems in Luzerne Road
and/or Sherman Avenue.
9. Dust control measures shall be implemented during construction. Water
shall be sprayed on open, unvegetated areas to suppress dust during
construction. No area may remain open or unvegetated for more than 30
days.
F. Responsibility for shared maintenance and connection:
1. All uses shall be responsible for providing easements to allow the
connection of roadways and utilities across adjoining lots.
2. Uses on Lots 1, 2, 3, 4, 5 and 6, as identified within a subdivision map
entitled “Veterans Field Light Industrial Park Subdivision”, approved by the
Town of Queensbury Planning Board and filed in the Warren County Clerk’s
office on July 27, 2001 in Plat Cabinet B, Map Number 174, shall be
responsible for providing easements to allow the sharing of driveway access
and the free connection of traffic from the driveways to each lot.
3. All uses shall be required to construction stormwater drainage systems in
substantial compliance with the approved subdivision plans.
4. All uses shall have equal responsibility for any maintenance activities related
to stormwater management on the wetlands located on the interior of the
property.
5. All uses shall be responsible for the maintenance of that portion of the
stormwater management system located on theft property.
G. Preparation of Plans: All plans shall be prepared by an appropriately registered
professional engineer, landscape architect and/or surveyor, and/or by a person
possessing the appropriate educational exemption, who shall certify that the
detailed design conforms to the design concepts and criteria included in the
subdivision plans.
§ 179-3-050. Establishment of overlay districts.
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The overlay districts established by this chapter are as follows:
A. Mobile Home Overlay District: See § 179-4-020.
B. Travel Corridor Overlay District: See § 179-4-030.
C. Interstate Highway Overlay District: See § 179-4-035.
§ 179-3-060. Planned unit developments.
A. The following planned unit developments have been established by the Town
Board:
(1) Hiland Park PUD.
(2) Top of the World PUD.
(3) Hudson Pointe PUD.
(4) Bay Meadows PUD.
(5) Indian Ridge PUD.
B. The zoning requirements for these PUDs are on file in the Town Clerk's office.
§ 179-3-070. Transfer of development rights.
Development densities may not be transferred from contiguous districts unless the
Planning Board reviews the project as a clustered subdivision. In no case may
development rights or densities be transferred across the boundaries of land use areas
established by the Adirondack Park Land Use and Development Plan.
C. Article 4, entitled “General Regulations” is amended as follows:
(1) The following new paragraphs A – C are added to Section 179-4-010 and
the subsequent paragraphs are re-lettered accordingly:
A. The restrictions and controls intended to regulate development in each district
are set forth in Tables 1 through 4 of this chapter, which are supplemented in
other sections of this chapter.
B. Except as hereinafter provided:
1. No building or structure or land shall hereafter be used or occupied and no building
or structure or part thereof shall be erected, moved or altered unless in conformity
with the regulations herein specified for the districts in which it is to be located and
supplementary regulations contained in this Chapter.
2. No building or structure that is hereinafter allowed for the district in which such
building or structure is located shall hereafter be erected or altered which will
exceed the height or bulk; accommodate or house a greater number of families;
occupy a greater percentage of lot area; or have narrower or smaller front yards,
rear yards or side yards than is allowed in the particular district.
C. Use regulations.
1. Permissible uses (PU). A use shall be permitted in a given zoning district if it is listed
in the schedules or regulations hereof as a permissible use for that district, provided
that all other requirements of this chapter are met.
2. Site Plan Review Uses (SPR). A use listed in the schedule of regulations hereof as a
Site Plan Review Use for a given zoning district shall be permitted in that district
when approved in accordance with Article 9, Site Plan Review hereof, provided that
all other requirements of this chapter are met.
3. Special Use Permit (SUP). A use listed in the schedule of regulations as a Special Use
Permit shall be permitted in that district when approved in accordance with Article
10, Special Use Permits, provided that all other requirements of this chapter are
met.
4. Non-permissible uses (NP). Any use which is not a permissible use by right, site plan
review, or special use permit in a given zoning district or which is not an accessory
use to such a permissible use, site plan review use, or special permit use shall be a
non-permissible use and shall be deemed prohibited in that zoning district. Such NP
uses shall be depicted as blank or empty spaces on Tables 2, 3 and 4 of this chapter.
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5. Accessory use (AU) or accessory structure. An accessory use or accessory structure
shall be permitted if the use to which it is accessory is a lawful use pursuant to the
terms of this chapter and for which a permit has been issued if required pursuant to
the terms of Article 4 hereof, so long as said accessory use or structure does not
result in or increase any violation of the provisions of Article 4 and Article 13. An
accessory structure shall not be used for commercial purposes by residents of
residential structures, nor shall it include a sign except as permitted by Chapter 140,
Signs.
6. Principal buildings in residential zones. In areas zoned for single-family dwellings
(including the LC, PR, RR, WR, NR, MDR, and RC zones), a maximum of one single-
family dwelling may be constructed per lot, regardless of lot size. Additionally, the
minimum density requirement as indicated in Table 1 shall constitute the minimum
area per principal building allowed within these zones. Construction of additional
single-family dwellings shall require subdivision approval and shall be in
conformance with the requirements of this chapter.
7. Overlay Zone: An overlay zone is a mapped zone that imposes a set of requirements
in addition to those laid out by the underlying zoning regulations. Overlay zones
typically address special features or conditions that may pertain to several distinct
downtown residential enclaves.
districts, such as historic areas, wetlands, and
(2) Section 179-4-010G(4)(b)[1] is amended to read as follows:
[1] Filling. No fill shall be placed in this district except as associated with shoreline
protective structures, beach replenishment, agricultural uses or other uses approved by
the Planning Board. Any fill placed in this district shall be protected against erosion.
(3) Section 179-4-010G(4)(c)[6][b] is amended to read as follows:
[b] Other water bodies: perpendicular and horizontal from the shoreline and inland.
(4) The following new Section 179-4-035 is added:
§ 179-4-035 Interstate Highway Overlay District
A. Purpose. The Town of Queensbury has evaluated residential development in close
proximity to the Adirondack Northway (I-87) and concluded that such development
may be generally considered to be unsafe and unhealthy ( especially for children) and
may expose those living there to noise, hydrocarbon pollutants, dust and other
particulates.
B. Designated area. Lands located within 500 feet of the bounds of the right of way for the
Adirondack Northway (I-87) shall be considered to be within this overlay district. The
limits of such district are shown on the Town Zoning Map.
C. Regulations. Within the Interstate Highway Overlay District there shall be no new
residential subdivision of land. Existing residences may be enlarged or expanded and
existing vacant lots may be developed provided that there is no subdivision of land.
(5) Section 179-4-080 is amended to read as follows:
§ 179-4-080. Setbacks for porches, canopies and decks.
Covered porches or canopies and decks, whether or not enclosed, shall be considered as
part of the main building and shall not project into a required setback with the exception of
the Main Street zoning district.
(6) Section 179-4-090B. is amended to read as follows:
B. Each off-street space shall be nine feet in width by not less than 18 feet in depth for
thirty-degree, sixty-degree, or ninety-degree (angled) parking and not less than 25 feet
in depth for zero-degree (parallel) parking, Parking lots may devote 10% of the total
number of spaces that are 8 1/2 feet wide by 18 feet long for the use of compact cars.
(7) The following new Section 179-4-090G. is added:
G. The Planning Board shall, however, have the authority to require or permit fewer than
the required parking spaces for any use, provided that an amount of open space equal
to that amount of space that would have been used for the required number of parking
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spaces is left available for parking in the event that it is needed at some time in the
future. Open space used for this purpose shall not be used to meet any other
requirements of the Zoning Ordinance, including permeability requirements.
(8) Table 5 is amended to read as follows:
Table 5: Parking Requirements
Use Minimum Number of Spaces
Adult Use Establishment Same as restaurant
Amusement Center
1 per 200 square feet of gross floor area or 1 for
every 4 expected patrons whichever is greater
Agricultural Service Use 2, plus 1 per employee
Apartment house/condominium 1.5 per unit
Asphalt Plant
1 per employee on the maximum working shift, 1
per company vehicle, and 1 per 1,000 square feet of
building area
Assembly Operation/Use
1 per employee on the maximum working shift, plus
1 per company vehicle.
Auto Service Body/Repair Shop
2, plus 2 per repair bay plus 1 per employee on
maximum shift
Automotive Sales and Service Area
1 per 200 square feet of floor area, plus 1 per 500
square feet of service area
Bank 1 per 200 square feet of gross floor area
Bed-and-Breakfast 1 per guest room, plus 2 spaces
Boat Storage Facility 1 per employee
Building Supply/Lumberyard 1 per 200 square feet of gross floor area
Bus Storage
1 per employee, 1 per company vehicle, and 1 per
1,000 square feet of building area
Business Service
1 per 200 square feet of gross floor area plus 1 per
employee or company vehicle
Campground
1 per campsite, plus 1 per 200 square feet of
building area
Car Wash 3 stacking spaces per bay
Cement Plant
1 per 2 employees on the maximum working shift,
plus 1 for each company vehicle
Cemetery 1 per 5 acres
Chemical Plant
1 per 2 employees on the maximum working shift,
plus 1 for each company vehicle
Commercial Boat 1 per 200 square feet of floor sales area, plus 1 per
Sales/Service/Storage 600 square feet of service area
1.5 per unit
Condominium Development or
Unit
Construction Company
1 per 200 square feet of office area, plus 1 per
company vehicle
Convenience Store 1 per 150 square feet of floor area
Convention Center 1 per 4 seats, plus 1 per 2 employees
Day-care Center 1 per 2 employees on the maximum working shift
Distribution Center
1 per 2 employees on the maximum working shift,
plus 1 for each company vehicle
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Drive-in Theater
1 per viewing stall, plus 1 per employee on the
maximum working shift
Duplex 2 per dwelling unit
Dwelling Unit 2 per dwelling unit
Electric Power Plant 1 per 2 employees on the maximum working shift
Enclosed Shopping Center
5 per 1,000 square feet of GLFA up to 150,000
square feet; 4.5 per 1,000 square feet GLFA up to
500,000 square feet; 4.0 per 1,000 square feet of
GLFA above 500,000 square feet.
Fast Food Establishment 1 per 3 seats, plus 1 per 2 employees
Food Service
1 per 4 seats, plus 1 per 2 employees, whichever is
greater; or if a nightclub is present, the requirement
shall be the greater of the two uses
Fuel Supply Depot
1 per company vehicle, 1 per employee and 1 per
500 square feet of office space
Funeral Home 1 per 2 seats available under maximum occupancy
Gallery 1 per 200 square feet
Golf Course or Country Club 3 per hole
Golf Driving Range 1 per stall and 1 per employee
Group Camp 1 per each 10 members
Health-related Facility 1 per 500 square feet
Heavy Equipment Sales 1 per 500 square feet
Heavy Industry
1 per 2 employees on the maximum working shift,
plus 1 for each company vehicle
Home Occupation
1 per 100 sf dedicated to the use plus dwelling
requirement
Junkyard 1 per 2 employees
Kennel 1 per 600 square feet of area devoted to the use
Laundromat 1 per 2 washing machines
Library 1 per 4 seats
Light Manufacturing
1 per 2 employees on the maximum working shift,
plus 1 for each company vehicle
Limousine Service
1 per company vehicle, 1 per employee, 1 per 1,000
square feet of office
Live Theater 1 per 6 seats, plus 1 per 2 employees
Logging Company
1 per 200 square feet of office area, plus 1 per
company vehicle
Marina 1 for each 2 boats for which a space is provided
Mineral Extraction
1 per company vehicle, 1 per employee and 1 per
1,000 square feet
Mobile Home Same as dwelling unit
Mobile Home Sales 1 per 1,000 square feet of area devoted to the use
Motel 1 per guest room plus one per employee
Movie theater 1 per 4 seats
Multifamily House/Dwelling 1.5 per unit unit
Multifamily Senior Living 1 per 2 housing dwelling units
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Municipal Center
1 per municipal vehicle, 1 per employee and 1 per
200 square feet of office space
Museum
1 per 2 employees, plus 1 per 600 square feet of
display area
Nightclub
1 per 200 square feet or 1 per 100 square feet if
music is provided
Nursery
1 per 300 square feet of sales area, plus 1 per 2
employees, plus 1 per company vehicle
Office, Small <20,000 square feet 1 per 300 square feet of gross leasable floor area
Office, Large >20,000 square feet 5 per 1,000 square feet of gross leasable floor area
Outdoor Concert Events 1 per 2 persons at maximum capacity
Outdoor Recreation 1 per 2 persons at maximum capacity
Paintball Facility 1 per 2 persons at maximum capacity
Personal Service 1 per 300 square feet of gross leasable floor area
Place of Worship 1 per 5 seating spaces in the main assembly area
Playground As per Parks and Recreation Department
Private School 1 per 10 seats, plus 1 per staff member
Produce Stand 2 per 100 square feet of area devoted to the use
Public or Semi-public Building
1 per employee and 1 per 500 square feet of
building area
Railroad Service or Repair Facility 1 per 2 employees on the maximum working shift
Recycling Center
1 per employee, 1 per company vehicle and 1 per
500 square feet
Recreation Center – Private 1 per 300 square feet of total enclosed space
Recreation Center - Public
1 per 2 employees on the maximum working shift
plus 1 per 300 square feet of enclosed public space
Repossession Business
1 per employee, 1 per 300 square feet of office, plus
vehicle storage area
Research and Development 1 per 2 employees on the maximum working shift,
Facility plus 1 for each company vehicle
Retail Business Same as enclosed shopping center
Riding Academy 1 per 2 horse stalls
Sand and Gravel Processing 1 per 2 employees on the maximum working shift
Sawmill, Chipping or Pallet Mill 1 per 2 employees on the maximum working shift
School
3 per classroom grades K through 9, 4 per classroom
for all other uses
Self-storage Facility 1 per 5 storage units
Senior Detached Housing 1 per dwelling unit
Shopping Mall/Plaza Same as enclosed shopping center
Single-family Dwelling 2
Ski Center
1 per 2 employees, plus 1 per 300 square feet of
enclosed public space
Sportsman's Club/Firing Range
1 per shooting stall, or 1 per 2 seats in open
assembly, whichever is greater
Telecommunications Tower 1 per site
Town House/Row House Same as dwelling unit
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TV or Radio Station 1 per 400 square feet of floor area
Truck Depot
1 per company vehicle, 1 per employee and 1 per
1,000 square feet of office space
Veterinary Clinic
1 per 400 square feet of floor area, plus 1 per 2
employees
Warehouse 1 per employee and 1 per company vehicle
Wholesale Business 1 per 300 square feet of floor area
D. Article 5, entitled “Supplementary Regulations” is amended as follows:
(1) The text of Section 179-5-010 is deleted and the Section is intentionally
left blank.
(2) Section 179-5-020B(1)(a) is amended to read as follows:
(a) Accessory structures of less than 120 square feet may be erected at a minimum of five
feet from side and rear lot lines or buffer zones where required, provided that they
may not be located closer to the street or shoreline than the required setback line of
the principal structure; and
(3) Section 179-5-040A is amended to read as follows:
A. Within any ESC, CI, CM, CLI, HI, MDR, MS, NR, NC, O, RC, or WR District, the keeping of
livestock, poultry, fowl, including but not limited to emus, lamas, alpacas, ostriches or
any large or small farm animals, shall be prohibited. This prohibition shall also apply
to established PUD’s unless specifically noted in the adopted PUD agreement.
(4) The last sentence of Section 179-5-050 is amended to read as follows:
For such conversions in the Waterfront Residential (WR) District, the requirements set forth
in § 179-4-010D and 179-5-100 of this chapter shall apply.
(5) Section 179-5-060A(7) is amended to read as follows:
(7) Every dock or wharf constructed shall have a minimum setback of 20 feet from the
adjacent property line extended into the lake on the same axis as the property line runs
onshore where it meets the lake or at a right angle to the mean high-water mark,
whichever results in the greater setback. Further, for docks constructed on the same
parcel, a minimum 40 foot separation between docks is necessary with the exception of
Class A Marinas with a valid Special Use Permit.
(6) Section 179-5-070C(4) is amended to read as follows:
(4) No privacy-type fence, as defined in this chapter, shall encroach into the front yard
setback requirement or shoreline setback requirement. Privacy fences shall be limited
to side property lines only when being installed in front yards.
(7) Section 179-5-070E(2) is amended to read as follows:
(2) No fence greater than 200 square feet in area, measured by the vertical surface area of
one side as circumscribed by its perimeter, shall be located within the shoreline setback.
See 179-5-070, C, 4
.
(8) Section 179-5-130C(2) is amended to read as follows:
C. Designated areas. Placement of telecommunications towers is restricted to certain areas
within the Town of Queensbury. These areas are as follows: in any Commercial Light
Industrial (CLI) and Heavy Industrial (HI) Zoning District or co-located on any property
where a telecommunications tower or other tall structure (structures over 50 feet in
height) exists.
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(9) The text of Section 179-5-140 is deleted and the Section is intentionally
left blank.
(10) The text of Section 179-5-160 is deleted and the Section is intentionally
left blank.
(11) The text of Section 179-5-170 is deleted and the Section is intentionally
left blank.
(12) The first paragraph of Section 179-5-180 is amended to read as follows:
A site plan application may be required by the Planning Board to submit a Good Neighbor
Plan. Such a plan may contain some or all of the following elements, as determined
appropriate by the Planning Board:
E. Article 6, entitled “Environmental and Performance Standards” is
amended as follows:
(1) Section 179-6-010B is amended to read as follows:
B. Application. Within a ten-year time period, all extensive clearing of vegetation and/or
grading over an area of land greater than one acre that is not associated with site
development for an approved subdivision or site plan development is prohibited
without first obtaining site plan approval. Clearing and grading activity of smaller land
areas may be subject to the requirements of Chapter 147 of the Town Code. For the
purpose of this section, "extensive clearing of vegetation" shall mean the removal of
more than 50% of trees over six inches in diameter at the height of 4 1/2 feet or the
removal of more than 75% of all vegetation.
(2) Section 179-6-010C is amended to read as follows:
C. Any person proposing to undertake extensive clearing of vegetation or grading over an
area of land greater than one acre must follow the procedures for and obtain site plan
approval in accordance with Article 9, Site Plan Review, of this ordinance. This
requirement applies to timber harvesting involving tree removal from land areas greater
than specified above. Clearing and grading activity of smaller land areas may be subject
to the requirements of Chapter 147 of the Town Code. These activities may be subject
to additional requirements of other regulating agencies. Forest roads and/or skid trails
up to but not exceeding 15 feet in width shall be excluded from the above calculations.
(3) Section 179-6-050D(2)(e)[4] is amended to read as follows:
[4] Shoreline fill or hard surfacing. No fill or hard surfacing shall be permitted within 50 feet
of any lake, pond, river, stream or wetland except by site plan approval of the Planning
Board, except that no review/approval shall be required for preventative maintenance
or repair caused by erosion or other acts of nature. Private driveways crossing a stream
are further exempted from this section; provided, however, that such driveways do not
exceed a 15- foot wide driving surface. Where fill is necessary to create such a driveway
the basal area of the filling shall in no instance exceed 40 feet in width within wetland
areas with side slopes not to exceed 3 on 1 slopes. The above exceptions shall not be
construed to be relief from any other governmental agency having jurisdiction.
Wetlands will be determined by New York State Department of Environmental
Conservation Wetlands Maps, the Queensbury Planning Board and/or any governmental
agency having jurisdiction.
F. Article 7, entitled “Design Standards” is amended as follows:
(1) Section 179-7-020C(1) is amended to read as follows:
(1) The administering board shall enforce the following design standards to the maximum
extent practicable for the purposes of achieving the goals and specific recommendations
for the commercial districts as set forth in the Comprehensive Plan, and in accordance
with the purpose and intent of the regulations as set forth herein.
REGULAR TOWN BOARD MEETING 02-28-2011 MTG #6 377
(2) The title of Section 179-7-030A is amended to read as follows:
A. Commercial
(3) The title of Section 179-7-030B is amended to read as follows:
B. Main Street (MS).
(4) Section 179-7-030B(1) is amended to read as follows:
(1) This scenario consists of small-footprint buildings lining Main Street.
(5) The title of Section 179-7-030C is amended to read as follows:
C. Industrial.
(6) The title of Section 179-7-040 is amended to read as follows:
§ 179-7-040. Elements of design standards.
(7) The title of Section 179-7-050 is amended to read as follows:
§ 179-7-050. Commercial Intensive (CI) and Commercial Moderate Zones (CM).
(8) Section 179-7-050A is amended to read as follows:
A. Design districts.
ROUTE 9 NORTH DISTRICT: between Sweet Road and the Town’s border with the Town of
Lake George. Commercial variety best describes this section of Route 9. The southern end
has large and small retail offerings, interspersed with restaurants, convenience stores, gas
stations, a fun park, an RV park, an outdoor drive-in theater. Amid this section is the Six
Flags’ The Great Escape. North of this theme park is county’s municipal center and beyond
that a cluster of outlet malls, intersected by Route 149, an important rural route to
Vermont. The North Route 9 Corridor, while an improvement over the lower section, still
lacks continuity and sufficient greenery, especially within parking areas. It is the
community’s desire to insist on Adirondack themed designs with more creative parking
design and landscaping, so that the building, parking, and landscaping visually share space.
For example, parking lot lighting should be antique-themed similar to the existing sidewalk
pedestrian lighting. No one aspect of commercial developments located here should be
dominant. Locating truck routes, loading docks, and employee parking in the rear will allow
opportunities for more landscaping to the front and sides of the building.
From Montray Road to Round Pond Road, low-impact commercial development abuts a
residential zone along Route 9’s south-side. Future development in this area should remain
low-impact and transitional in effect.
ROUTE 9 SOUTH DISTRICT: applies to the commercially zoned lands from Sweet Road to the
Glens Falls City line. It is an area of very intensive commercial development with shopping
centers surrounded by acres of parking lots. Currently the Route 9 South corridor is
characterized by an overabundance of asphalt, smaller shopping plazas, with one row of
front parking, and large stores with poorly landscaped parking lots, variable setbacks,
limited plantings and no continuity. To help offset traffic congestion, minimal curb cuts and
shared drives are encouraged.
Primary shop entrances will be located on the street frontage. Most of the parking will be
accommodated in the front along the building face and landscape strips. Parking provided
primarily in the front with minimal curb cuts reduces street congestion, provides convenient
vehicle storage, and promotes a pedestrian-friendly corridor on Route 9. Locating truck
routes, loading docks and employee parking in the rear while providing two rows of angled
parking in the front allows maximum use of existing space. Signage clutter needs to be
addressed here.
ROUTE 254 WEST DISTRICT: between Northway Exit 19 and Ridge Road. The first section of
this corridor, as one proceeds east from Exit 19, is Aviation Road. The north side of Aviation
Road we have the Aviation mall, an enclosed shopping center. On the south side we have a
mixture of moderate to low impact uses because this side abuts a residential area. For
example, nearest Exit 19, we have gas station, then, proceeding east, a restaurant/gift shop,
a four-acre forested park, a small auto dealership, café and eyeglass shop. As we approach
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the town’s busiest intersection, Route 9/254, the commercial development become more
intensive. Here we have a gas station and large shopping plazas and parking lots. Traveling
east, after passing the Town’s largest cemetery, you will see a variety of commercial uses.
For example, several auto dealerships, tire and automotive supply centers, several banks, a
professional office, an electric supply store, a landscape nursery, several restaurants, and a
lumber and home appliance store.
ROUTE 254 EAST DISTRICT: between Ridge Road and Dix Avenue. This area is less dense and
the standards imposed on this area should reflect that. Parking lots should remain behind
buildings, but the setback would be larger allowing for green space in front of buildings.
Sidewalks would neither run directly along the road nor in front of buildings. Instead it
would take the form of a rural path. Rather than concrete, the path could be asphalt, which
has a more rural character. The path would run in front of buildings and connect to other
pedestrian networks.
(9) The title of Section 179-7-060 is amended to read as follows:
§ 179-7-060. Bay Road Office District
(10) The following new paragraph A is added to Section 179-7-060 and the
subsequent paragraphs are re-lettered accordingly:
A. This district includes all parcels having road frontage on Bay Road that are within the
Office zoning district as well as those adjacent parcels as shown on the official Town
Zoning Map.
(11) Section 179-7-060C(1)(a) is amended to read as follows:
(a) Landscape screening and buffers shall be installed on projects that border other zoning
uses.
(12) The following new paragraph A is added to Section 179-7-070 and the
subsequent paragraphs are re-lettered accordingly:
A. This district includes all parcels having road frontage on Main Street that are within the
Main Street zoning district as well as those adjacent parcels as shown on the official
Town Zoning Map.
(13) Section 179-7-070B(1)(c) is amended to read as follows:
(c) Buildings shall be located 21 feet from the edge of the pavement on Main Street after it
is widened. For all other properties a 20 foot minimum front setback shall apply and be
measured from the property lines.
(14) Section 179-7-070C(1)(a) is amended to read as follows:
(a) Landscape screening and buffers shall be installed on projects that border other zoning
uses.
(15) Section 179-7-070E(4)(a) is amended to read as follows:
(a) All street tree plantings in paved areas shall be covered with a porous hard surface grate
.
and planted between the curb and the sidewalk
(16) Section 179-7-070F(1)(a) is amended to read as follows:
(a) Buildings shall be a minimum height of two stories and 25 feet and a maximum height of
60 feet on Main Street. Buildings within 150 feet of West Main Street and adjacent to
plazas shall have the same building height requirement.
(17) Sections 179-7-070F(3)(j) and (k) are amended to read as follows:
(j) Dark or reflective tinted glass is prohibited along Main Street frontage.
REGULAR TOWN BOARD MEETING 02-28-2011 MTG #6 379
(k) Drive-through windows are prohibited beyond 500 ft from the right of way for
(18) Section 179-7-080A(2)(c) is deleted, and
Interstate 87.
subsequent sections are re-lettered accordingly.
(19) Section 179-7-080B(1)(a) is amended to read as follows:
(a) Landscape screening and buffers shall be installed on projects that border other zoning
uses.
G. Article 9, entitled “Site Plan Review” is amended as follows:
(1) Sections 179-9-020B and C are amended to read as follows:
B. No permit shall be issued for a change of commercial use in a commercial building on
any lot or tract of land except in compliance with a site plan for such lot or plot duly
approved by the Town Planning Board within the prior seven years in accordance with
the following procedure except that changes in permitted uses, within an approved
business complex which do not increase the required parking or change the exteriors of
buildings, the layout of the site or any site features, do not require site plan review.
C. When a site plan review is triggered, the Planning Board is empowered to apply all of
the requirements of this chapter to its review of the site plan. In addition, if any new
uses or change or expansion of existing uses is proposed for sites located within the
Adirondack Park, it also requires a permit from the Adirondack Park Agency as a Class A
or Class B project. The Adirondack Park Agency has jurisdiction only within those
portions of the Town within the Adirondack Park.
H. Article 10, entitled “Special Use Permits” is amended as follows:
(1) The following new Section 179-10-035 is added:
179-10-035 Pre-existing uses
A. Substantiated preexisting uses shall be exempt from a comprehensive Planning
Board review and shall be issued a special use permit by the Zoning Administrator.
This special use permit shall be considered a permanent permit and may be
modified only upon review and approval by the Planning Board. This special use
permit shall serve to document the existing status of the project.
(1) To substantiate that a use qualifies for this exemption, the property owner shall
submit a site plan review application depicting the current condition of the
project site together with a current permit issued prior to April 1, 2002 from
another involved agency. Such information needs to demonstrate that the site
is in compliance with the current permit.
(2) All qualifying preexisting uses must obtain a special use permit from the Zoning
Administrator within 12 months of the effective date of this local law. Failure to
apply for a special use permit or to obtain one within the prescribed amount of
time results will result in enforcement procedures as outlined in Article 17.
B. Uses which do not qualify for the exemption listed in the above subsection shall
submit information demonstrating that;
(1) The structure(s) associated with the use were constructed according to the
permitting procedures which were enforceable by the Town at the time of
construction.
(2) The use of the property and associated structures has been continuous, to date,
without interruption, since prior to 1981 for Marinas and 1967 for all other uses.
Consistent seasonal use may qualify as continuous use.
(3) The Planning Board shall, upon finding the substantiating evidence valid,
complete and satisfactory, issue the applicant a preexisting nonconforming
special use permit. This special use permit shall be considered a permanent
permit and may be modified only upon review and approval by the Planning
Board. This special use permit shall serve to document the existing status of the
.
project
REGULAR TOWN BOARD MEETING 02-28-2011 MTG #6 380
(2) Section 179-10-070, entitled “Specific Standards”, is amended to read as
follows:
A. Adult use establishments.
The standards of the Town's Adult Use Ordinance (see Chapter 43 of the Town Code)
shall be applied to the special permit review.
B.Amusement Center
Each amusement center shall clearly indicate intended seasonal operating durations if
not an annual operation.
Preservation of existing vegetation and grading is strongly encouraged
C.Bed and Breakfast
Each bed-and-breakfast shall have 6 or fewer bedrooms and shall house no more than
10 transient lodgers at one time.
Bed-and-breakfasts are allowed pursuant to Special Use Permit review and approval in
the following zoning districts: LC-42A (except for areas classified as "Resource
Management" on the Adirondack Park Land Use and Development Plan), LC-10A, RR-5A,
RR-3A.
D.Boat Storage Facility
Boat storage facilities must be on lots equal to or greater than two acres in size.
All lots used for boat storage facilities must have fencing along any property line visible
from nearby public streets.
E.Campground
Campgrounds must be located on lands of at least 10 acres.
Compliant on site restroom facilities must be provided and adequate for all campers.
If on site RV wastewater disposal facilities / dumping stations are offered, such facilities
will comply with the minimum requirements of the New York State Departments of
Health and Environmental Conservation.
Preservation of existing vegetation and grading is strongly encouraged.
F.Class A Marina
All marinas shall comply with the standards for Class A and Class B marinas as adopted
by the Lake George Park Commission in 6 NYCRR Part 646, as may be amended. . Class B
marinas shall not require a special use permit and do not require the approval of the
Town Planning Board.
G.Commercial Mineral Extraction
Note that mining and excavation activity may be regulated by New York State
Department of Environmental Conservation or other agencies. Mineral extraction in the
Resource Management, Rural Use, Low-Intensity Use, and Moderate-Intensity Use areas
on the Adirondack Park Land Use and Development Plan are Class A Regional Projects
subject to the jurisdiction of the Adirondack Park Agency.
1. Commercial mineral extraction (defined as above DEC threshold) shall be
allowed only within the Heavy Industrial (HI) District by special use permit and
only in a substantially undeveloped area, at least 1,000 feet (horizontal
distance) from any existing residence.
2. Any excavation associated with commercial mineral extraction shall not
adversely affect the natural drainage of adjoining properties not in the same
ownership, or the structural safety of buildings on such adjoining properties; the
top of any slope of the excavation shall not be closer than 100 feet to the
boundary line of any adjoining property not in the same ownership, nor closer
than 200 feet to any public highway or water body or watercourse.
3. Within the above setbacks, natural vegetation shall be left undisturbed, except
for planting pursuant to the requirements hereof. The Planning Board may, in its
discretion, require additional measures to provide suitable screening of the
excavation, such as planting or fencing.
REGULAR TOWN BOARD MEETING 02-28-2011 MTG #6 381
4. An applicant for a special use permit for commercial mineral extraction shall
submit to the Planning Board copies of all applications and other materials
submitted to the New York State DEC in connection with its commercial
resource extraction application.
5. In issuing a special use permit for commercial mineral extraction, the Planning
Board shall impose conditions designed to protect the public health, safety, and
welfare. Such conditions shall be limited to the following, unless the laws of
New York State allow the imposition of additional conditions:
(1) Ingress from and egress to public thoroughfares controlled by the Town;
(2) Routing of mineral transport vehicles on roads controlled by the Town;
(3) Requirements and conditions specified in the permit issued by the DEC
concerning setback from property boundaries and public thoroughfare
rights-of-way, natural or man-made barriers to restrict access, dust control,
and hours of operation;
(4) Hours of operation; and
(5) Enforcement of reclamation requirements contained in any DEC permit.
6. In issuing a special use permit for commercial mineral extraction uses not
subject to regulation by the DEC, the Planning Board may impose such
additional conditions as it deems necessary.
7. The Planning Board shall deny a special use permit for commercial mineral
extraction for any project which does not satisfy the requirements of this
section and/or Article 10 of this chapter regarding the general criteria and
procedures for special use permits
H.Commercial Boat Sales & Service
Commercial Boat Sales and Service facilities must provide adequate screening of areas
used for storage of boats to be serviced.
I.Enclosed Shopping Center
Enclosed shopping centers must be located on lands of at least 25 acres.
Pedestrian access to public rights of way are required.
J.Food Service
Food Service uses in Waterfront Residential Zoning Districts must be on lands of at least
five acres.
K.Golf Course
Golf courses and country clubs shall be located on lands of at least 50 acres.
Golf courses shall provide a management plan for pesticides, herbicides, and fertilizers.
Such plans shall include application, usage, storage, and surface water and groundwater
quality protection details.
Any Planning Board approval may require annual surface water and groundwater quality
testing.
L.Golf Driving Range
Golf Driving Ranges shall be located on parcels of at least 5 acres.
Light poles, if used, shall not be taller than 40 feet.
Adequate safety netting/protection must be used within 500 ft of adjoining residential
ues.
Golf Driving Ranges shall provide a management plan for pesticides, herbicides, and
fertilizers. Such plans shall include application, usage, storage, and surface water and
groundwater quality protection details.
Any Planning Board approval may require annual surface water and groundwater quality
testing.
M.Junkyard
The standards of the Town's Junkyard Ordinance (see Chapter 102 of the Town Code)
shall be applied to the special permit review.
REGULAR TOWN BOARD MEETING 02-28-2011 MTG #6 382
N.Kennel
Kennels shall be located on parcels of at least 10 acres. All dog runs or other areas in
which dogs are kept must be located at least 200 feet from any property line.
O.Motel
Motels in Waterfront Residential Zoning Districts must be on lots of at least 10 acres in
size.
P.Nightclub
Nightclubs may not offer more than 30% of their allowable seating to be outdoors.
Screening of outdoor seating, dancing, band areas is required along public rights of way.
Q.Nursery
(1) Nurseries must be on lots of at least 10 acres in size.
(2) Nurseries shall include a management plan for pesticides, herbicides, and fertilizers.
Such plans shall include application, usage, storage, and surface water and
groundwater quality protection details.
(3) Any Planning Board approval may require annual surface water and groundwater
quality testing.
R.Office, Large
Preservation of existing vegetation and grading is strongly encouraged.
S.Outdoor Concert Event
Outdoor concert events. Outdoor concerts events which are not a part of the regular
activities and operations of an approved or preexisting land use shall require a special
use permit. Such events may not be held between the hours of 11:00 p.m. and 7:00 a.m.
The Planning Board may specify maximum sound levels as a condition of a permit for
such events. Outdoor concert events that attract 5,000 people or more or continue for
24 hours or more must be in compliance with requirements for a "mass gathering" as
specified in the New York State Sanitary Code, Chapter 1, Subpart 7-1.
T.Paintball Facility
(1) Hours of operation. Outside operations shall not begin prior to 9:00 a.m., with all
operations to cease at least 30 minutes before sunset.
(2) No lighting shall be allowed on or adjacent to outside playing or range areas.
(3) Outside playing or target range areas shall be at least 250 feet from all streams
(seasonal or permanent), wetlands, water bodies and adjacent property lines.
U.Parking Structure
Parking structures must provide for enhanced stormwater control devices with respect
to contaminant separating. i.e. oil/water, etc.
V.Recycling Center
All lots used for recycling facilities must have fencing along any property line visible
from nearby public streets.
Any Planning Board approval may require annual surface water and groundwater quality
testing.
W.Sawmill, Chipping Mill, Pallet Mill
Sawmill, chipping or pallet mills are allowed on lots of at least 100 acres in size.
X.Self-Storage
All lots used for self- storage facilities must have fencing along any property line visible
from nearby public streets.
Y.Sportsman’s Club /Firing Range
(1) Indoor firing ranges.
(a) The firing range shall not be located within 1,000 lineal feet, measured from
building to building, of an establishment licensed to dispense intoxicating or
nonintoxicating liquor, nor shall it be in a building that dispenses liquor.
REGULAR TOWN BOARD MEETING 02-28-2011 MTG #6 383
(b) The design and construction of the firing range shall completely confine all
ammunition rounds within the building and in a controlled manner. The design
and construction of the firing range shall be certified by a registered engineer in
the State of New York. The certified plans shall include the specifications and
construction of the bullet trap(s), ceilings, exterior and interior walls and floors.
The certified plans shall state what type and caliber of ammunition the range is
designed to totally confine.
(c) No ammunition shall be used in the range that exceeds the certified design and
construction specifications of the firing range.
(d) Firearms stored on the premises must be stored and secured under “lock and
key” when not in use and when the range is closed for business.
(e) During organized shooting or training events, on-site supervision shall be
supplied at all times by an adult with credentials as a Firearm Instructor or
Range Safety Officer. This individual shall be responsible for the conditions of
safety and order on the firing line and the premises.
(f) On-site instruction shall be given only by certified firearms instructors. Current
certificates for firearms instructors shall be made available for inspection upon
request.
(g) An outside security plan for the general grounds shall be submitted to the
Planning Board or designee for review and approval.
(h) The transport of firearms on the premises, to the premises and from the
premises shall conform to applicable state laws and regulations.
(i) Minors shall not be allowed in the range unless accompanied by an adult at all
times. This provision shall not be interpreted to prohibit minors from
participating in a firearm safety class which is supervised by an adult instructor.
(j) Indoor firing ranges shall not sell or dispense intoxicating liquors, nor shall they
be in a building which contains a business that sells or dispenses nonintoxicating
or intoxicating liquors.
(2) Outdoor firing ranges.
(a) These requirements are intended to apply to pistol and rifle firing ranges, as
well as clay target and shotgun shooting facilities. However, the Planning Board
shall have the authority to waive or modify these standards as they apply to clay
target and shotgun shooting facilities upon a determination that such standards
would serve no useful purpose.
(b) Any pistol, rifle, clay target and shotgun firing range or shooting facility shall be
constructed to a standard set forth in the National Rifle Association Range
Source Book.
(c) No outdoor firing range shall be permitted within 1,000 feet of a school, church,
adult or child day care center or hospital. The firing range shall be set back a
minimum distance of 50 feet from any street right-of-way or property line.
(d) Rifle and pistol firing ranges shall be required to have a natural earth
embankment a minimum of 15 feet high, in the direction of fire and behind the
target area.
(e) Firing ranges shall be posted "No Trespassing - Danger - Shooting Range" at one-
hundred-foot intervals around the perimeter.
(f) Rifle and pistol ranges shall be designed, constructed and operated to contain,
on site, all fired projectiles and properly dispose of target materials.
(g) At least one qualified individual in the sponsoring club or organization shall be
certified (NRA or equivalent) for shooting range supervision. Each facility shall
adopt safety rules and regulations as determined by the sponsoring club or
organization.
(h) Outdoor firing ranges shall only operate between the hours of 9:00 a.m. and
thirty (30) minutes prior to sunset, unless other operating hours are specifically
approved by the Planning Board.
REGULAR TOWN BOARD MEETING 02-28-2011 MTG #6 384
(i) The Planning Board may attach such conditions to a special use permit for an
outdoor firing range as are necessary to protect the public health, safety, and
welfare.
Z.Veterinarian Clinic
Veterinary clinics in the Rural Residential Zoning Districts shall be located on parcels of
at least 20 acres. All dog runs or other areas in which dogs are kept must be located at
least 300 feet from any property line.
I. Article 12A, entitled “Planned Commercial/Industrial Development (PCID)” is
amended as follows:
(1) Section 179-12A-010A.(3) is amended to read as follows:
(3) PCIDs are allowed only in the following zoning districts: Commercial Light Industrial,
Heavy Industrial, Enclosed Shopping Center, Commercial Intensive.
J. Article 13, entitled “Nonconforming Uses, Structures and Lots” is amended as
follows:
(1) The text of Section 179-13-010A is deleted and the Section is
intentionally left blank.
(2) Section 179-13-010F is amended to read as follows:
F. A lawful existing, nonconforming structure may be reconstructed or renovated only by a
variance granted by the Zoning Board of Appeals. Further, a lawful existing, nonconforming
structure, which violates only the area requirements of this chapter, may be enlarged or
extended without the need for a variance so long as the proposed enlargement or extension
itself does not violate any area requirements of this chapter.
(3) The first paragraph of Section 179-13-060 is amended to read as follows:
This Zoning Chapter as it was revised on October 1, 1988, and February 28, 2011 set forth
many new requirements concerning lot area, size, dimensions and setbacks. This section
exempts certain lots from the requirements of this chapter as it currently exists and as it
existed since October 1, 1988, as follows:
K. Table 1, entitled “Table of Area Requirements” is amended to read as
shown on the attached Table 1.
L. Table 2, entitled “Summary of Allowed Uses in Residential Districts” is
amended to read as shown on the attached Table 2.
M. Table 3, entitled “Summary of Allowed Uses in Commercial Districts” is
amended to read as shown on the attached Table 3.
N. Table 4, entitled “Summary of Allowed Uses in Industrial Districts” is
amended to read as shown on the attached Table 4.
O. The Town Zoning Map of the Town of Queensbury is amended to be
shown on the attached “Zoning Map”.
Section 3. Severability – The invalidity of any clause, sentence, paragraph or
provision of this Local Law shall not invalidate any other clause, sentence, paragraph or
part thereof.
REGULAR TOWN BOARD MEETING 02-28-2011 MTG #6 385
Section 4. Repealer – All Local Laws or Ordinances or parts of Local Laws or
Ordinances in conflict with any part of this Local Law are hereby repealed. In particular,
this Local Law is specifically intended to supersede the amended provisions of the
current Town of Queensbury Zoning Law.
Section 5. Effective Date – This Local Law shall take effect upon filing in the
office of the New York State Secretary of State or as otherwise provided by law.
(Map on file in Town Clerk’s Office)
RESOLUTION APPROVING AUDITS OF BILLS – WARRANTS OF
THST
FEBRUARY 10 AND MARCH 1, 2011
RESOLUTION NO.: 96, 2011
INTRODUCED BY: Mr. John Strough
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Tim Brewer
WHEREAS, the Queensbury Town Board wishes to approve two (2) audits of bills presented as
thth
Warrants with run dates of February 10 and February 24, 2011 and respective payment dates of February
thst
10 and March 1, 2011,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby approves the Warrants with the run dates of
thththst
February 10 and February 24, 2011 and payment dates of February 10 and March 1, 2011 totaling
$114,733.48 and $1,038,761.30, respectively, and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs the Town Supervisor and/or Town
Budget Officer to take such other and further action as may be necessary to effectuate the terms of this
Resolution.
th
Duly adopted this 28 day of February, 2011, by the following vote:
AYES :Mr. Brewer, Mr. Stec, Mr. Metivier, Mr. Strough
NOES :None
ABSENT:Mr. Montesi
RESOLUTION AUTHORIZING MEMORANDUM OF AGREEMENT
BETWEEN TOWN OF QUEENSBURY AND TOWN OF QUEENSBURY
UNIT OF CIVIL SERVICE EMPLOYEES ASSOCIATION, INC. (CSEA)
REGULAR TOWN BOARD MEETING 02-28-2011 MTG #6 386
RESOLUTION NO.: 97, 2011
INTRODUCED BY: Mr. Anthony Metivier
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Tim Brewer
th
WHEREAS, on or about February 20, 2009, the Town of Queensbury (Town) entered into an
Agreement with the Town of Queensbury Unit of the Civil Service Employees Association, Inc. (CSEA)
regarding employment of the Town’s CSEA members, and
st
WHEREAS, the Agreement terminated as of December 31, 2010, and
WHEREAS, the Town and the CSEA negotiated terms and have come to an agreement concerning a
new Collective Bargaining Agreement to be executed between the parties, and
WHEREAS, the new Collective Bargaining Agreement will include health insurance cost sharing
th
information and such formula has been presented at this meeting along with the February 14, 2011
Memorandum of Agreement agreed to by the Union,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby approves, affirms and ratifies the February
th
14, 2011 Memorandum of Agreement between the Town of Queensbury and Town of Queensbury Unit of
the Civil Service Employees Association, Inc. presented at this meeting, and
BE IT FURTHER,
RESOLVED, that the Town Board hereby authorizes and directs the Town Supervisor to execute a
new Collective Bargaining Agreement for the years 2011 through 2012, such new Collective Bargaining
th
Agreement to incorporate the February 14, 2011 Memorandum of Agreement terms and health insurance
cost sharing information, and
BE IT FURTHER,
RESOLVED, that to the extent that the terms of wages and compensation, including health insurance
benefits, are different than as set forth in previous Resolutions of the Town Board, this Resolution shall
supersede the Town Board’s earlier actions with regard to employees covered by the Collective Bargaining
Agreement, and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs the Town Supervisor and/or Town
Budget Officer to take such other and further action necessary to effectuate the terms of this Resolution.
REGULAR TOWN BOARD MEETING 02-28-2011 MTG #6 387
th
Duly adopted this 28 day of February, 2011, by the following vote:
AYES : Mr. Stec, Mr. Metivier, Mr. Strough, Mr. Brewer
NOES : None
ABSENT: Mr. Montesi
RESOLUTION AND FINAL ORDER ESTABLISHING WEST
QUEENSBURY SANITARY SEWER DISTRICT
RESOLUTION NO.: 98, 2011
INTRODUCED BY: Mr. Tim Brewer
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. John Strough
WHEREAS, by Resolution No.: 118,2003, the Queensbury Town Board envisioned the West
Queensbury Sanitary Sewer District (Sewer District or District) as described in a Map, Plan and Report
prepared by Barton & Loguidice, P.C., professional engineers, (Barton) dated December, 2002 and revised
September, 2004, and
WHEREAS, the Town Wastewater Director advised the Town Board that it was necessary that
Barton update the Map, Plan and Report for the West Queensbury Sanitary Sewer District to reflect
estimated project costs for the projected construction schedule and to meet procedural requirements for
special districts, and so the Town Board authorized Barton to update such Map, Plan and Report and Barton
updated the Map, Plan and Report in November, 2006, and
WHEREAS, the Town Wastewater Director advised the Town Board that it was necessary that
Barton again update the Map, Plan and Report to reflect increased estimated project costs for the projected
2009 construction schedule and the Town Board authorized Barton to update such Map, Plan and Report, and
WHEREAS, the revised Map, Plan and Report dated August, 2008 was filed in the Queensbury
Town Clerk's Office and is available for public inspection, and
WHEREAS, the revised Map, Plan and Report delineates the boundaries of the proposed Sewer
District, a general plan of the proposed sewer system, a report of the proposed sewer system and method
of operation, estimated project costs for the projected 2009 construction schedule and meets procedural
requirements for special districts, and
WHEREAS, by Resolution No.: 117,2003, the Queensbury Town Board, as SEQRA
Lead Agency, conducted a coordinated SEQRA review and after considering the action,
approved a SEQRA Negative Declaration for the Project, and
REGULAR TOWN BOARD MEETING 02-28-2011 MTG #6 388
rd
WHEREAS, on November 3, 2008 subsequent to the filing of the Map, Plan and Report with the
Town Clerk, the Town Board adopted an Order (the “Public Hearing Order”) reciting (a) the boundaries of
the proposed Sewer District; (b) the proposed improvements; (c) the maximum amount proposed to be
expended for the improvements; (d) the estimated cost of hook-up fees (if any) and the cost of the Sewer
District to the typical property and the typical one or two family home (if not the typical property); (e) the
proposed method of financing to be employed; (f) the fact that a Map, Plan and Report describing the
improvements is on file in the Town Clerk’s Office; and (g) the time and place of a public hearing on the
proposed Sewer District, and
WHEREAS, copies of the Public Hearing Order were duly published and posted and were filed with
the Office of the State Comptroller, all as required by law, and
WHEREAS, prior to publication of the Public Hearing Order, a detailed explanation of how the
estimated cost of hook-up fees (if any) and the cost of the Sewer District to the typical property and typical
one or two family home (if not the typical property) were computed was filed with the Town Clerk for public
inspection, and
WHEREAS, a public hearing on the proposed Sewer District was duly held on Monday, November
th
17, 2008 and the Town Board considered the evidence given together with other information, and
th
WHEREAS, on November 17, 2008, the Town Board adopted Resolution No.: 523,2008,
determining that (a) the Notice of Public Hearing was published and posted as required by law and was
otherwise sufficient; (b) all property and property owners within the Sewer District would be benefited
thereby; (c) all property and property owners benefited would be included within the limits of the Sewer
District; (d) it was in the public interest to establish, authorize, and approve the West Queensbury
Sanitary Sewer District as described in the Map, Plan and Report on file with the Queensbury Town Clerk
subject to permissive referendum, and
WHEREAS, the Town Clerk duly posted and published the notice required for Resolutions
subject to permissive referendum and no petition for referendum was filed within 30 days after the date of
the Resolution, and the Town Clerk caused a Certificate to that effect to be filed in the County Clerk’s
Office, and
WHEREAS, the Wastewater infrastructure described in the Map, Plan and Report has been
constructed, and
WHEREAS, the Wastewater Director has produced a “punch list” of remaining construction items,
and
WHEREAS, the Town wishes to adopt a Final Order establishing the West Queensbury Sanitary
Sewer District, and
NOW, THEREFORE, IT IS HEREBY
REGULAR TOWN BOARD MEETING 02-28-2011 MTG #6 389
ORDERED, that
1. The Queensbury Town Board hereby authorizes, approves and establishes the West
Queensbury Sanitary Sewer District in accordance with the boundaries and descriptions set forth in the
Map, Plan and Report, and
BE IT FURTHER,
ORDERED, that:
1. It is in the public interest to assess all expenses of the District, including all extensions
hereafter established, as a charge against the entire area of the District;
2. The Project Engineer has certified the Project and the Wastewater Director has reviewed the
certified documents and found them to be complete; and
BE IT FURTHER,
ORDERED, that the Town Clerk shall make arrangements to record a certified copy of this
Resolution and Order in the Warren County Clerk’s Office and send a certified copy of this Resolution
and Order to the State Department of Audit & Control at Albany, New York, the Town of Queensbury
Assessor's Office, Community Development Department and Wastewater Department, within 10 days of
the date of adoption of this Order, and
BE IT FURTHER,
ORDERED, that the Town Board further authorizes and directs the Town Supervisor, Wastewater
Director and Town Budget Officer to take all other actions necessary to effectuate the terms of this
Resolution.
th
Duly adopted this 28 day of February, 2011, by the following vote:
AYES : Mr. Metivier, Mr. Strough, Mr. Brewer, Mr. Stec
NOES : None
ABSENT: Mr. Montesi
Discussion held before vote: The sewer has been installed on Main Street, Wastewater Supt.
Shaw has noted that it has passed all of his inspections, he is ready now to accept the district.
Following the acceptance of this resolution there will be a window of opportunity for the
residents on Main Street can connect it will be stopped for a time to allow the completion of the
road project to be completed by October. When that is done people will again be allowed to
connect to the sewer.
5.0 CORRESPONDENCE
NONE
REGULAR TOWN BOARD MEETING 02-28-2011 MTG #6 390
6.0 TOWN BOARD DISCUSSIONS
WARD IV TIM BREWER
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Question what the 30 day final date was on the permissive referendum new lights
for the office buildings
Town Clerk noted she would let Mr. Brewer know of that final date
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Spoke about the work done by Water Dept. Employees on the filter system they
have saved the town two hundred and eighty thousand dollars by doing it
themselves.
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(Town Clerk read the following into the record) My name is Tom Wallace & our
home is at 11 Lancestire Drive. With all of th rain & melt that took place today it
caused quite a “lake” out in front of our place, not only in the roadway but our
driveway as well. I called the Highway Dept & I’m pleased to let you know they
responded in a quick fashion even though I am certain there was a lot on their
plates on a lousy day like this. The foreman, Pete, was here to scope things out
within an hour of my call and then his crew was here to dig out the snow buried
drains within the next hour. Kudos to Pete & his colleagues for the response time
& action taken. In the longer term, after all of this snow has melted & ground has
thawed Pete told me he’d been in touch with his boss and has recommended the
install of another drain to prevent this problem from happening again. This is all
good stuff & thought you should know. Please share this with whomever it
would be appropriate. Thanks & thanks again to Pete!
WARD III JOHN STROUGH
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Noted he had received both concerns and congratulations for the Highway Dept.
those with concerns I relayed to Mike Travis and there was an instantaneous
response, I am grateful for the Highway Dept. responding to those concerns. I
agree that they are doing a fantastic job.
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Reviewed the monthly Queensbury Post-spoke on all events planned for Senior in
the area, not expensive to become a member – 761-8224
WARD I TONY METIVIER
rd
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March 23. 7:00 P.M. North Queensbury Vol. Fire Company – Public Hearing
concerning the proposed establishment of the Wastewater Disposal District for
Rockhurst in North Queensbury If you know anybody on Rockhurst that wants to
participate or contribute we will take oral and written comments. Also can e-mail
me at Ward1@queensbury.net
SUPERVISOR DANIEL STEC
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Kudos to Water and Wastewater Dept., the towns Water Department is one of the
most efficient and lowest cost water providers in all of New York State…RE:
Highway Dept. When you calculate the dollar spent per highway mile not only
are they doing a great job but I did not find a single town in the area that had a
lower per mile cost then Queensbury’s. The Highway Dept. and the Water Dept.
are by far the two largest departments when it comes to budget and number of
employees so in the days where everyone is cheering for us to find a way to cut
the Town of Queensbury did not wait until the wolf was at the door to start
tightening the belt and finding ways to save people money.
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Queensbury Website-www.queensbury.net a lot of great information, the Town
goes above and beyond the call of just about any other local municipality as far as
availability of documentation, we televise our meetings on TV8
REGULAR TOWN BOARD MEETING 02-28-2011 MTG #6 391
rd
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The Town Board will conduct a public hearing on March 23 at 7:00 P. at the
North Queensbury Vol. Fire Dept. for a Wastewater Disposal District – oral and
written comments will be accepted.
th
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Rabies Clinic – Queensbury Activity Center March 5 10 to Noon Town Clerk
will be issuing Queensbury Dog Licenses at this event
RESOLUTION CALL FOR ADJOURNMENT
RESOLUTION NO. 99.2011
INTRODUCED BY: Mr. Tim Brewer WHO MOVED FOR ITS ADOPTION
SECONDED BY: Mr. John Strough
RESOLVED,
that the Town Board of the Town of Queensbury hereby adjourns its Town Board
Meeting.
th
Duly adopted this 28 day of February, 2011 by the following vote:
AYES: Mr. Metivier, Mr. Strough, Mr. Brewer, Mr. Stec
NOES: None
ABSENT: Mr. Montesi
Respectfully,
Miss Darleen M. Dougher
Town Clerk-Queensbury