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391.2021 Set PH Proposed LL Amend Code to Amend Permitted Uses in Neighborhood Residential RESOLUTION SETTING PUBLIC HEARING ON PROPOSED LOCAL LAW TO AMEND CHAPTER 179 “ZONING” OF QUEENSBURY TOWN CODE TO AMEND PERMITTED USES IN THE NEIGHBORHOOD RESIDENTIAL ZONING DISTRICT RESOLUTION NO.: 391, 2021 INTRODUCED BY: Mr. Harrison Freer WHO MOVED ITS ADOPTION SECONDED BY: Mr. Anthony Metivier WHEREAS, the Queensbury Masonic Historical Society (Applicant) submitted a petition to allow for the addition of Day-Care Center as an allowable use by Site Plan Review in the Neighborhood Residential zoning district, and WHEREAS, applications for zoning code changes are forwarded to the Town Planning Department and Planning Board for recommendations in accordance with §179-15-040 of the Town Zoning Law and following such recommendations, the Town Board reviews the applications and takes such other action as it shall deem necessary and proper, and WHEREAS, by Resolution No.: 265,2021, the Town Board accordingly authorized the Town Clerk to forward the Applicant’s Petition for Change of Zone Application to the Planning Board for review, report and recommendation and consent to the Town Board seeking SEQRA Lead Agency status, and WHEREAS, the Town Planning Board adopted a Resolution on September 21, 2021 consenting to the Town Board taking Lead Agency status for SEQRA review, and WHEREAS, at their September 21, 2021 meeting the Planning Board adopted a Resolution making a favorable recommendation on the petitioned zoning change with the recommendation that day-care centers require a minimum two (2) acre lot size in the Neighborhood Residential zoning district, and WHEREAS, at their November 22, 2021 Workshop meeting, the Town Board discussed and agreed with the Planning Board recommendation, and WHEREAS, the Town Board wishes to consider adoption of proposed Local Law No.: __ of 2021 to amend Queensbury Town Code Chapter 179 to reflect such changes as set forth above, and WHEREAS, before the Town Board may amend, supplement, change, or modify its Zoning Code, 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 Laws, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board shall hold a public hearing on Monday, th December 20, 2021 at 7:00 p.m. at the Queensbury Activities Center, 742 Bay Road, Queensbury to hear all interested parties concerning adoption of Local Law No.: ___ of 2021 to amend Chapter 179 “Zoning” of Queensbury Town Code by adding Day-Care Center as an allowable use by Site Plan Review in the Neighborhood Residential zoning district with a condition of a minimum two (2) acre lot size, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Town Clerk’s Office to provide 10 days notice of the public hearing by publishing a Notice of Public Hearing in the Town’s official newspaper and posting the Notice on the Town’s bulletin board, and BE IT FURTHER, RESOLVED, that the Town Board further directs the Community Development Department 2 to forward the petition to the Warren County Planning Department for its review and comment in accordance with New York State General Municipal Law §239-M, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Clerk’s Office to send the Notice of Public Hearing to the Clerk of the Warren County Board of Supervisors, Warren County Planning Department and other communities or agencies that it is necessary to give written notice to in accordance with New York State Town Law §265, the Town’s Zoning Regulations and the Laws of the State of New York. th Duly adopted this 6 day of December, 2021, by the following vote: AYES : Mr. Metivier, Mr. Freer, Mr. Ferone, Mr. McNulty, Mr. Strough NOES : None ABSENT: None 3