083.2012 Zoning Changes RESOLUTION ADOPTING SEQRA NEGATIVE DECLARATION AND
ENACTING LOCAL LAW NO.: 3 OF 2012 TO AMEND CHAPTER 179
"ZONING" OF QUEENSBURY TOWN CODE TO: (1) CHANGE ZONING OF
CERTAIN PROPERTIES FROM "MS" TO "O"AND FROM "MS" TO "NR"; (2)
ADD FUNERAL HOME AS ALLOWED USE WITH SITE PLAN REVIEW IN
"CLI"ZONE AND (3) REVISE PROVISIONS RELATING TO ALTERNATE
MEMBERS OF PLANNING BOARD AND ZONING BOARD OF APPEALS
RESOLUTION NO. 839 2012
INTRODUCED BY: Mr. Tim Brewer
WHO MOVED ITS ADOPTION
SECONDED BY: Mr.Anthony Metivier
WHEREAS, the Queensbury Town Board is considering a request to amend the zoning
designations for certain properties along Luzerne Road between Veterans Road and Holden Avenue as
follows: (1) parcels 309.7-1-15, 22 and 23 from Main Street (MS)to Neighborhood Residential (NR),
and (2) parcels (a) 309.7-1-11, 12, 13 and 14, (b) 309.10-1-94, 95.1, 95.2, 95.3, 96 and 97 and (c)
309.11-2-24, 25, 26, 27 and 28 from Main Street (MS)to Office(0), and
WHEREAS, the Town Board is also considering a request to amend the Town Zoning Law to
add "Funeral Home" to the list of allowable uses with Site Plan Review within the Commercial Light
Industrial(CLI)Zone, and
WHEREAS, the Town Board is also considering a request to amend Article 16,
"Administration" of the Town Zoning Law to permit the use of alternate members by the Planning
Board and Zoning Board of Appeals in circumstances other than a conflict of interest, and
WHEREAS, the Town Board wishes to consider adoption of proposed Local Law No.: 3 of
2012 to amend Queensbury Town Code Chapter 179 by amending the official Town Zoning Law and
Map to reflect such changes as set forth above, and
WHEREAS, before the Town Board may amend, supplement, change, or modify its Zoning
Law and 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 Laws, and
WHEREAS, by letter dated February 13, 2012, the Adirondack/Glens Falls Transportation
Council, as an extension of the Lake George/Lake Champlain Regional Planning Board (LGLCRPB)
staff, advised that the LGLCRPB had considered the proposal and determined that there would be no
County impact, and
WHEREAS, on or about February 21St, 2012 the Queensbury Planning Board considered and
recommended approval of the proposal, and
WHEREAS, the Adirondack Park Agency has also considered and approved the proposal, and
WHEREAS, the Town Board duly conducted a public hearing, heard all interested parties and
closed the public hearing concerning the proposal rezoning on Monday, February 27th, 2012, and
WHEREAS, as SEQRA Lead Agency, the Town Board has reviewed a Full Environmental
Assessment Form to analyze potential environmental impacts of the proposed rezoning, and
WHEREAS, the Town Board has considered the conditions and circumstances of the area
affected by the rezoning, and
WHEREAS, the Town Board wishes to consider adoption of Local Law No.: 3 of 2012 to as
presented at this meeting, hereinafter referred to as the"legislation,"
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby determines that the proposed
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legislation will not have any significant adverse environmental impact and a SEQRA Negative
Declaration is made, and the Town Clerk and/or Zoning Administrator are authorized and directed to
file and publish a SEQRA Negative Declaration - Notice of Determination of Non-Significance with
respect to the legislation, and
BE IT FURTHER,
RESOLVED, that the Town Board hereby adopts Local Law No.: 3 of 2012 Amending
Chapter 179 "Zoning" of Queensbury Town Code to: 1) amend the Queensbury Town Zoning Law
and Map to rezone certain properties along Luzerne Road between Veterans Road and Holden
Avenue as follows: (a) parcels 309.7-1-15, 22 and 23 from Main Street (MS) to Neighborhood
Residential (NR), and (b) parcels (a) 309.7-1-11, 12, 13 and 14, (b) 309.10-1-94, 95.1, 95.2, 95.3, 96
and 97 and (c) 309.11-2-24, 25, 26, 27 and 28 from Main Street (MS) to Office (0); 2) amend the
Town Zoning Law to add "Funeral Home" to the list of allowable uses with Site Plan Review within
the Commercial Light Industrial (CLI) Zone; and 3) amend Article 16, "Administration" of the Town
Zoning Law to permit the use of alternate members by the Planning Board and Zoning Board of
Appeals in circumstances other than a conflict of interest, 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 Lake George/Lake
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Champlain Regional Planning Board in accordance with §179-15-080(D) of the Town Zoning Law,
and
BE IT FURTHER,
RESOLVED, that this Resolution shall take effect immediately.
Duly adopted this 27h day of February, 2012, by the following vote:
AYES Mr. Metivier, Mr. Brewer, Mr. Stec
NOES None
ABSENT : Mr. Montesi, Mr. Strough
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