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197.2011 Zoning-Brayton RESOLUTION ENACTING LOCAL LAW NO. 4 OF 2011 TO AMEND QUEENSBURY TOWN CODE CHAPTER 179 “ZONING” AND TO REZONE LANDS OF BRAYTON RESOLUTION NO. 197, 2011 INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY: Mr. John Strough 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.: 4 of 2011,” to amend Queensbury Town Code Chapter 179 “Zoning,” including a revision to the Town’s Zoning Map associated with the Zoning Code, to revise §179-5-040(D) to specify that within the RR, PR and LOC Districts, large farm animals such as cows, horses and swine may be kept provided that there is a minimum of 10 acres rather than 25 acres, 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, such proposed legislation is authorized in accordance with New York State Municipal Home Rule Law §10 and Town Law Article 16, and th WHEREAS, on April 4, 2011, by Resolution No.: 139, 2011, 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 th Monday, April 18, 2011 concerning proposed Local Law 4 of 2011 and heard all interested persons, and th WHEREAS, on April 18, 2011, by Resolution No.: 150, 2011, the Town Board, as SEQRA Lead Agency, reviewed the Full Environmental Assessment Form to analyze potential environmental impacts of proposed Local Law 4 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 revisions 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 2 provisions, 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 amends the Town of Queensbury Zoning Law and Map 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 adopts Local Law No.: 4 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 BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Queensbury Town Clerk to file the Local Law and the official Town Zoning Map, as amended, with the New York State Secretary of State in accordance with the provisions of the Municipal Home Rule Law and acknowledges that the Local Law will take effect upon such filing, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Queensbury Town Clerk to send a copy of this Resolution and a copy of the Local Law and Zoning Map to the Town Planning Board, Town Zoning Board of Appeals, Town Zoning Administrator and Warren County Planning Board in accordance with §179-15-080(D) of the Town Zoning Law, and BE IT FURTHER, 3 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.: 4 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 6 day of June, 2011, by the following vote: AYES : Mr. Metivier, Mr. Montesi, Mr. Strough, Mr. Brewer, Mr. Stec NOES : None ABSENT: None 4