1988-10-13 SP
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TOWN OF QUEENSBURY
PLANNING BOARD
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Special Meeting Held: Thursday, October 13, 1988 at 4:00 p.m.
Present:
Richard Roberts. Chairman
Hilda Mann, Secretary
Susan Levandowski
Peter Cartier
Joseph Dybas
Absent: Frank DeSantis
Victor Macri
Paul Dusek, Town Attorney
Lee A. York, Senior' Planner
Susan E. Davidsen, Planning Department
Chairman Roberts called the special meeting to order at 4:30 p.m. (the Board was
waiting for Mr. Cartier's arrival)
Mr. Dusek stated the purpose of this meeting:
Purpose:
For the recommendation, approval and adoption of a proposed law: "A
local law establishing procedures and substantive law for the review
of site plan, subdivision, planned unit development, and building permit
applications, submitted prior to the effective date of the Zoning Ordinance
No. 58 of the Town of Queensbury".
Mr. Cartier stated he would like to make it clear that if applicants withdrew or
were denied they would have to have their application filed under the Zoning Ordinance
effective October 1, 1988.
Mr. Roberts discussed the situation concerning Site Plan Review within a Planned
Unit Development. Mr. Dusek stated that any new Site Plan applications submitted after
October l, 1988 that are within a Planned Unit Development would be subject to review
under the Zoning Ordinance effective October l, 1988. The actual Planned Unit
Development would be under the old Zoning Ordinance and anything new involved within
the PUD would be reviewed under the new laws.
Mrs. Mann MOVED TO APPROVE the proposed local law to be considered by the
Town Board on October l7, 1988: A local law establishing procedures and substantive
law for the review and approval of site plan,' subdivision, planned unit development, and
building permit applications, submitted prior to the effective date of the Zoning Ordinance
No. 58 of the Town of Queensbury. A recommendation to approve' it and a recommendation
to the Town Board for adoption of this local law.
Second by Mr. Dybas
Passed 4 Yes (RQberts, Mann, Dybas, Cartier), 1 abstain (LevaooQwsld)
Minutes taken by Susan E. Davidsen tfJØ., =>r"? " d
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PLANNING DEPARTMENT r-
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buildlng permit applicatlons, submltted prlor to the efEectJ.ve date' oE < "'::fY;~~;;,;r
die Zonlng Ordlnance No. 58 oE the fbwn oE Queens~ury. '< f(i, ¡ ;:::I;:()rJJ~t~~);i:"~~.,j:V~:V:~{';FJi1~¡!·,
Be it enacted by the fbwn Board of the fbwn pf oueensb~ry liS foll~","'t« ';;;1:,},>
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a part of the applications, have been based upon zoning, ordinances,i and:,
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subdivision regulations of the Town of Oueensbury' as they.edsted: prior 'f' <
to being revised and an:ended. It would appear <unfair to.'no"'fof¡f~Jth~,<: . "'" < ::!<:\:':T.';:
applicants to re-draft applications and expend further'<funds«to,no"{ctJlrIPly :-~¡:~..t<;·~:·:;i;;',,;~!',;
with new' and amended zoning ordinance and subdivision Æ,re~la~{~~n~:<~Jfk~~;t;r¡~i/~:··,~:'{~:·(:~~t
as some of the matters are already under review by' the"various:: ðepartments.'-;':', ,;:« . ',:¡';:~}¡;;
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and agencies of the Town of Oueensbury, it would cause':.undue' confusi"n, < >"';::,
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in the handling of the applications if th~ 'ordinances'a~d 'regulati?l2s.: <' . <::'<!(:
were to now change. Also, it was not the intent of the Town Boa,-~r of<.:,
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LOCAL LAIf NO.
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OF THE rEAR, 1988
law for the' review
1. Title, Th,is local law shall be known as, "A local;la... establishing
prpcedures and substantive law for the review of site plan, subdivision,
planned unit development, and building' permit, applications, submitted,~
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prior to the effective date of the Zoning Ordinance No. 58 of the, Town
of Oueensbury".
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2. Purpose, It is the purpose of this law to establish procedures < .
and substantive guidelines for the review of applications for site",plan,<::,
planned uni t development, subdivision except and not to include" those'
subdivision applications stayed by the moratorium, and building permit·
approvals tha~ were submitted prior to the time that the new, amended,;
and revised zoning ordinance and subdivision regulatlonswere effective
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for the Town of Oueensbury, such effective date being October 1,"; 1988.<
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A number of applications submitted for approval have beensubmitted..!afterf
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the applicants have spent considerable time and money, for the ;development·
of proposed projects. The development of the' projects. and information
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the Town of Oueensbury, when approving and passing the new,
revised zoning ordinances and subdivision regulations," <to
a condi tion .
This local law will establish that the zoning ordinances
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and subdivision regulations in effect at the time that the appl.1cat.1ons
were filed or submitted, shall govern the procedure and substantive law'
applicable to such applications.
3. Application: This local law shall apply to only subdivision
applications except and not to include thoke subdivision applications
stayed by the moratorium, planned unit development, site plan and building
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permit applications, submitted prior to the effective date of the new, ,¡:(
amended, and revised zoning ordinance and subdivision 'regulations for
the TOM] of Queensbury, the effecti ve da te being< October 1, 1988,'· and
therefore the applications affected are those filed on or before September
io, 1988.
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4. Defini tions and word Usa ge : The definition of an y word or " term
used in this local law sha 11 be the definition set forth in the zoning
ordinance for the TOM] of Queensbury, in effect on September 30, 1988.
In the event that such term or word is not defined therein, then such
te~ or word shall have its ordinary or common meaning.
s. General Provisions: All applications for site plan, subdivision
except and not to include those subdivision applications stayed by the
moratorium, planned unit development, and building permit applicat.1ons,
submitted or filed at the Town of Queensbury or any agency or department
thereof, on or before september 30, 1988, shall be reviewed and approved,
approved with conditions, or disapproved or decided in. accordance ;;,tfi,th
and pursuant to the terms of the provisions of the procedural and substan-
tive requireJrfents of the zoning ordinance and subdivision regulations
in effect for the TOM]; of Queensbury on September. 30, 1988. Approvals, "
approvals with conditions, disapprovals, or other decisions made. by'~he
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Tow Board, Planning Board, Zoning Board of Appeals, and/or Building:Depart.....
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ments shall be valid, enforceable and binding as if th,è :;same,.,w~~::;¡:'!!8dÐ;I?<,;
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on or before September 30, 1988, and except that there < i.sany appl!clin:t'V' "
appealing a decision of any Board, the time in which such appeal must
be commenced shall be governed by the actual decision date and' filing
dates.
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6. Severability: If any part or provision of this local law, or
the applicatioI? thereof to any person or circumstance be adjudged invalid
by any court of competent jurisdiction, such judgment shall be confined
in its operation to the part or provision or application directly involved
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in the controversy in which said judgment shall have been rendered, and
S/Jall not affect or impair the validity of th~ remainder of this local
law,. or the application thereof, to other persons or circumstances.
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7. Effective Date: This local law shall take effect immediately.
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The Local Law is Adopted.
Dated:
DARLEEN DOUGHER
TOWN CLERK
TOWN OF OUEENSBURY
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Local Law approved by Town Supervisor of the Town of Oueensbury.
DATE:
STEPHEN BORGOS, SUPERVISOR
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r PROJECT I.D. NUMBER
Ap:~~ c Fll-¡ C~:rEQR
State Environmental Quality Review U r
SHORT ENVIRONMENTAL ASSESSMENT FORM
For UNLISTED ACTIONS Only
PART I-PROJECT INFORMATION (To be completed by Applicant or Project sponsor)
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,. APPLICANT /SPONSOR 12. PROJECT NAME
Town Board of the Town of Queensburv Local Law for review of submissions Drior to Oct.!
3. PROJECT LOCATION:
Municipality Oueensburv County Warren
4. PRECISE LOCATION (Street addrass and road Intersections, prominent landmarks, etc., or provide map)
Town of Queensbury
Bay at Haviland Road
Queensbury, New York l2804-9725
5. IS PROPOSED ACTION:
ONew o Expansion ΠModification/alteration
6. DESCRIBE PROJECT BRIEFLY:
A local law establishing procedures and substantive law for the review and approval of Site
Plan, Subdivisions, Planned Unit Development, and building permit applications, submitted
prior to the effective date of the Zoning Ordinance Number 58 of the Town of Queensbury.
This will allow for review of projects under the Ordinance which was in force when they were
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7. VI" LAND AFFECTED:
Initially acres Ultimately acres
8. WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER EXISTING LAND USE RESTRICTIONS?
O:Yes GaNo II No, describe briefly .
Action is for the purpose of providing a transition from the previous ordinance
to the ClUTent ordinance.
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9. WHAT IS PRESENT LAND USE IN VICINITY OF PROJECT?
o Residential o Industrial o Commercial o Agriculture o ParklForest/Open space o Other
Describe:
The entire Town - See Zoning Map
10. DOES ACTION INVOLVE A PERMIT APPROVAL, OR FUNDING. NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY (FEDERAL,
ST ATE OR LOCAL)?
DYes CXNo If yes, list agency(s) and permit/approvals
11. DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMiT OR APPROVAL?
DYes ŒlNO If yes, list agency name and permit/approval
12. AS A RESULT OF PROPOSED ACTION WILL EXISTING PERMIT/APPROVAL REQUIRE MODIFICATION?
DYes CìNo
I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE
Applicant/sponsor name: Date:
Signature:
If the action Is In the Coastal Area, and you are a state agency, complete the
Coastal Assessment Form before proceeding with this assessment
OVER
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