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ZONING\\Luzerne Holdings – Set Public Hearing Proposed Local Law to Amend Zoning Map – 1-10-2022
RESOLUTION SETTING PUBLIC HEARING ON PROPOSED
“LOCAL LAW TO AMEND CHAPTER 179 ‘ZONING’ OF
QUEENSBURY TOWN CODE TO CHANGE ZONING OF CERTAIN
PROPERTY FROM COMMERCIAL INTENSIVE (CI) TO COMMERCIAL
LIGHT INDUSTRIAL (CLI)” AND AMEND TOWN ZONING MAP
RESOLUTION NO.: _____________________________________________________, 2022
INTRODUCED BY: ______________________________________________________
WHO MOVED ITS ADOPTION
SECONDED BY: _______________________________________________________
WHEREAS, Luzerne Holding, Inc. (Luzerne Holding) submitted a zoning change
application to the Queensbury Town Clerk's Office on or about November 8, 2021 to allow a
change of zoning district designation for a portion of the property known as Tax Map No.:
302.8-1-28 from Commercial Intensive (CI) to Commercial Light Industrial (CLI), and
WHEREAS, by Town Board Resolution No.: 377, 2021, the application for zoning changes
was forwarded to the Town Planning Board for consent to the Town Board acting as Lead Agency for
SEQRA and review and recommendations in accordance with §179-15-040 of the Town Zoning
Ordinance, and
WHEREAS, on December 14, 2021 the Town Planning Board consented to the Town Board
as SEQRA Lead Agency for the proposed zoning change, and
WHEREAS, on December 14, 2021 the Town Planning Board issued a positive
recommendation to the Town Board regarding the proposed zoning district change, and
WHEREAS, the Town Board wishes to consider adoption of Local Law No.: ___ of 2022 To
Amend Chapter 179 “Zoning” Of Queensbury Town Code To Change Zoning Of Certain Property
From Commercial Intensive (CI) To Commercial Light Industrial (CLI), and
WHEREAS, before the Town Board may amend its Zoning Map, it must hold a public hearing
in accordance with the provisions of Town Law §265, the Municipal Home Rule Law and the Town of
Queensbury Zoning Law, and
WHEREAS, in accordance with General Municipal Law §239-m, the Town must first refer the
proposed Zoning Law amendments and obtain a recommendation from the Warren County Planning
Department before enacting the legislation, and
WHEREAS, the Town Board wishes to set a Public Hearing concerning adoption of this Local
Law,
NOW, THEREFORE, BE IT
RESOLVED, that the Town Board hereby authorizes and directs the Town Clerk or Director
of Planning, Zoning and Code Compliance to forward copies of the proposed revised Zoning Map
changes to the Warren County Planning Department for its review and recommendation, and
BE IT FURTHER
RESOLVED, that the Queensbury Town Board shall meet and hold a Public Hearing at the
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Queensbury Activities Center, 742 Bay Road, Queensbury at 7: 00 p. m. on Monday, January 24,
2022 to hear all interested persons concerning proposed Local Law No.: ___ of 2022 which provides
for certain amendments of the Town of Queensbury' s Zoning Map, 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 website and public bulletin board at least ten (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, municipalities or individuals, in accordance with New York State Town Law § 265
and any other applicable State Laws or Town Code provisions, and
BE IT FURTHER
RESOLVED, that the Town Board hereby authorizes and directs the Town Clerk and/or the
Town’s Director of Planning, Zoning and Code Compliance to take such other actions and give such
other notices as may be necessary in preparation for the Public Hearing and for the Town Board to
lawfully adopt proposed Local Law No.: ____ of 2022.
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Duly adopted this 10 day of January, 2022, by the following vote:
AYES:
NOES:
ABSENT:
LOCAL LAWS & ORDINANCES\\Chapter 179 –Zoning –Amend Zoning Map –Luzerne Holdings –January 2022
LOCAL LAW NO.:____ OF 2022
A LOCAL LAW TO AMEND CHAPTER 179 “ZONING” OF
QUEENSBURY TOWN CODE TO CHANGE ZONING OF
CERTAIN PROPERTY FROM COMMERCIAL INTENSIVE (CI) TO
COMMERCIAL LIGHT INDUSTRIAL (CLI)
BE IT ENACTED BY THE QUEENSBURY TOWN BOARD AS FOLLOWS:
Section 1. Intent; Authority – The Town Board seeks to change the zoning district
designation for a portion of the property known as Tax Map No. 302.8-1-28 from
Commercial Intensive (CI) to Commercial Light Industrial (CLI). This Local Law is adopted
in accordance with the New York State Municipal Home Rule Law.
Section 2. Amendment of Zoning Map – The Town of Queensbury Zoning Map
referenced in Town Code §179-3-010 is hereby amended to reflect a zoning district change for a
portion of the property known as Tax Map No. 302.8-1-28 from Commercial Intensive (CI)
to Commercial Light Industrial (CLI), with said property to now be entirely within the CLI
zoning district.
Section 3. The map appended to this Local Law is hereby adopted as the official Town
Zoning Map of the Town of Queensbury and supersedes the previously adopted Town Zoning Map.
Section 4. 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.
_______________________________________________
Note: Language in bold italics is new language to be added;
Language with line drawn through is old language to be deleted.
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Section 5.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 6. Effective Date – This Local Law shall take effect upon filing by the office of
the New York State Secretary of State or as otherwise provided by law.
_______________________________________________
Note: Language in bold italics is new language to be added;
Language with line drawn through is old language to be deleted.
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Town of Queensbury
742 Bay Road, Queensbury, NY 12804
Town of Queensbury Planning Board
RESOLUTION –TOWN BOARD LEAD AGENCY STATUSAND RECOMMENDATION
PZ 0811-2021 LUZERNE HOLDING, INC.
Whereas the applicant proposes tochange a portion of current parcel zoning Commercial Intensive to
Commercial Light Industrial as existing portion of property is already Commercial Light Industrial. The
existing 3,600 sq ft building for HVAC service company to remain. No physical changes will be made to the
property.Pursuant to Chapter 179-15-040, the Town Board may refer proposed zoning amendments to the
Planning Board for recommendation.
MOTION TO CONSENT TO THE QUEENSBURY TOWN BOARD AS THE LEAD AGENCY FOR
CHANGE OF ZONE FOR PZ0811-2021 LUZERNE HOLDING, INC.Introduced by David Deeb, who
moved for its adoption;
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Motion seconded by Brad Magowan. Duly adopted this 14day of December2021, by the following vote:
AYES: Mr. Magowan, Mr. Valentine, Mr. Deeb, Mr. Dixon, Mr. Shafer, Mr. Hunsinger, Mr. Traver
NOES: NONE
MOTION TO PROVIDE A POSITIVE RECOMMENDATION FOR CHANGE OF ZONE FORPZ
0811-2021 LUZERNE HOLDING, INC.Introduced by David Deeb, who moved for its adoption;
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Motion seconded by Michael Valentine.Duly adopted this 14day of December2021by the following vote:
AYES: Mr. Valentine, Mr. Deeb, Mr. Dixon, Mr. Shafer, Mr. Hunsinger, Mr. Magowan, Mr. Traver
NOES: NONE
Phone: 518.761.8220 | Fax: 518.745.4437 | 742 Bay Road, Queensbury, NY 12804 | www.queensbury.net
NOTICES\Rezoning\Chapter 179-Zoning-Luzerne Holding—Commercial Intensive to Light Industrial—1-24-2022
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN THAT THE QUEENSBURY TOWN BOARD WILL
HOLD A PUBLIC HEARING ON MONDAY, JANUARY 24TH, 2022, BEGINNING AT 7:00
P.M. AT THE QUEENSBURY ACTIVITIES CENTER, 742 BAY ROAD, QUEENSBURY,
NEW YORK, AT WHICH HEARING ALL INTERESTED PARTIES SHALL HAVE AN
OPPORTUNITY TO BE HEARD CONCERNING ADOPTION OF PROPOSED LOCAL LAW
NO.: OF 2022. SUCH PROPOSED LOCAL LAW WOULD AMEND CHAPTER 179
"ZONING" OF THE QUEENSBURY TOWN CODE TO CHANGE ZONING OF A CERTAIN
PORTION OF THE PROPERTY KNOWN AS TAX MAP NO.: 302.8-1-28 OWNED BY
LUZERNE HOLDING, INC. AND LOCATED AT 115 EVERTS AVENUE FROM
COMMERCIAL INTENSIVE (CI) TO COMMERCIAL LIGHT INDUSTRIAL (CLI) AND
AMEND THE TOWN ZONING MAP.
A FULL COPY OF THE PROPOSED LOCAL LAW IS AVAILABLE ON THE
TOWN'S WEBSITE AT WWW.QUEENSBURY.NET AND IS ON FILE IN THE TOWN
CLERK'S OFFICE, 742 BAY ROAD, QUEENSBURY. TO OBTAIN FURTHER
INFORMATION AND/OR COPIES OF THE PROPOSED LOCAL LAW, PLEASE CONTACT
THE QUEENSBURY TOWN CLERK'S OFFICE AT(518)761-8234.
BY ORDER OF THE QUEENSBURY TOWN BOARD.
PUBLICATION DATE: JANUARY ,2022
CAROLINE H.BARBER
TOWN CLERK
TOWN OF QUEENSBURY