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139.2011 Set PH LL Brayton & Amend Zoning RESOLUTION SETTING PUBLIC HEARING ON PROPOSED LOCAL LAW NO. __ OF 2011 TO REZONE LANDS OF BRAYTON AND AMEND QUEENSBURY TOWN CODE CHAPTER 179 “ZONING” RESOLUTION NO.: 139, 2011 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. Anthony Metivier WHEREAS, the Queensbury Town Board has received a request to change the zoning designation of parcel 300.16-1-6 located at 237 Fuller Road, Queensbury and currently owned by Barbara and Joseph Brayton from Moderate Density Residential (MDR) to Land Conservation (LC) – 10 Acres and the Town Board wishes to consider certain changes to the Town’s Zoning Code, as detailed in drafts of revisions to Chapter 179, “Zoning,” of the Town Code presented at this Town Board meeting, including a proposed revision to the Town’s Zoning Map associated with the Zoning Code (collectively, the “proposed zoning revisions”), and WHEREAS, the Town Board wishes to consider adoption of a Local Law, to be designated “Local Law No.: ___ of 2011,” to amend Queensbury Town Code Chapter 179 “Zoning,” including a revision to the Town’s Zoning Map associated with the Zoning Code, in accordance with the proposed zoning revisions presented at this meeting, and WHEREAS, in accordance with General Municipal Law §239-m, before enacting the proposed zoning revisions the Town must first refer them to the Warren County Planning Board for its recommendations, and WHEREAS, in order for the Town’s Zoning Code to maintain its status as an approved local land use plan under Adirondack Park Agency (APA) Act and APA regulations, the Town must obtain APA approval of the proposed zoning revisions prior to adoption, and WHEREAS, the proposed zoning revisions comply with the requirements of §807 of the APA Act and 9 NYCRR Part 582 of APA regulations, and WHEREAS, the proposed zoning revisions must undergo an environmental review pursuant to the State Environmental Quality Review Act (SEQRA) prior to adoption and enactment, and WHEREAS, the Town Board wishes to be Lead Agency for the required SEQRA environmental review and has prepared Part 1 of a Full Environmental Assessment Form (EAF)for use in the environmental review, and WHEREAS, Municipal Home Rule Law §20 requires the Town Board to hold a public hearing prior to the adoption of any Local Law; NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs the Town Clerk to forward a copy of the proposed zoning revisions, together with a copy of the completed Part 1 of the Full EAF, to the Warren County Planning Board for its review and recommendations, and BE IT FURTHER, RESOLVED, that the Town Board hereby directs the Town Clerk to formally submit the proposed zoning revisions, together with a copy of the completed Part 1 of the Full EAF, to the Adirondack Park Agency for review and approval in accordance with Article 27 of the Executive Law, §807, and BE IT FURTHER, RESOLVED, that the Queensbury Town Board hereby declares its intention to be Lead Agency for SEQRA review of the proposed zoning revisions and directs the Town Clerk to send a 2 copy of the proposed zoning revisions, 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 Town Board shall meet and hold a Public Hearing at the Queensbury th Activities Center, 742 Bay Road, Queensbury at 7:00 p.m. on Monday, April 18, 2011 to hear all interested persons concerning the proposed revisions to the Town’s Zoning Code and enactment of Local Law No.: ___ of 2011 to Amend Queensbury Town Code Chapter 179 “Zoning,” and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Town Clerk to provide the public with at least 10 days’ prior notice of the Public Hearing by causing a Notice of Public Hearing to be timely published in the Town’s official newspaper and by posting the Notice of Public Hearing on the Town’s web site and bulletin board at least 10 days before the date of the Public Hearing, and BE IT FURTHER, RESOLVED, that the Town Board authorizes and directs the Town Clerk to send copies of the Notice of Public Hearing, together with copies of the proposed zoning revisions, if required, to any public officials, agencies or municipalities, in accordance with any applicable State Laws or Town Code provisions, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Clerk to make a 3 copy of the proposed zoning revisions (including a proposed revision to the Town’s Zoning Map associated with the Zoning Code) available for public inspection during regular business hours of the Clerk’s office, and BE IT FURTHER, RESOLVED, that the Town Board authorizes and directs the Town Supervisor, 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 4 day of April, 2011, by the following vote: AYES: Mr. Stec, Mr. Metivier, Mr. Montesi, Mr. Strough, Mr. Brewer NOES: None ABSENT: None 4