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4.09 4.9 ZONING\Hacker Boat—Set Public Hearing—Proposed Local Law to Amend Zoning—1-24-2022 RESOLUTION SETTING PUBLIC HEARING ON PROPOSED LOCAL LAW NO.: OF 2022 TO AMEND CHAPTER 179 `ZONING' OF QUEENSBURY TOWN CODE TO ALLOW COMMERCIAL BOAT SALES, SERVICE AND STORAGE IN THE COMMERCIAL LIGHT INDUSTRIAL (CLI) ZONING DISTRICT BY SITE PLAN REVIEW RESOLUTION NO.: ,2022 INTRODUCED BY: WHO MOVED ITS ADOPTION SECONDED BY: WHEREAS, Hacker Boat Company, Inc. (Hacker) submitted a zoning change application to the Queensbury Town Clerk's Office on or about September 1, 2021 to allow for the addition of Commercial Boat Sales/Storage/Service as an allowable use by Site Plan Review in the Commercial Light Industrial(CLI)Zoning District,and WHEREAS, by Town Board Resolution No.: 301, 2021, the petition 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 October 19, 2021 the Town Planning Board consented to the Town Board as SEQRA Lead Agency for the proposed zoning change,and WHEREAS, on October 19, 2021 the Town Planning Board issued a positive recommendation to the Town Board regarding the proposed zoning change,with a recommendation that boat storage not be an exclusive use of the property,and -r -r WHEREAS, on November 22, 2021 the Town Board discussed the Planning Board recommendation at a Workshop Meeting,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 Allow Commercial Boat Sales, Service And Storage In The Commercial Light Industrial (CLI) Zoning District By Site Plan Review,and WHEREAS, before the Town Board may amend its Zoning Law, 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 and, Zoning to forward copies of the proposed zoning 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 Queensbury Activities Center, 742 Bay Road, Queensbury at 7:00 p. m. on Monday, February 14t', 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 J 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. Duly adopted this 24 h day of January, 2022,by the following vote: AYES: NOES: ABSENT: LOCAL LAWS\Chapter 179—Zoning—Amend Zoning Code—Boats in CLI—Hacker—2-24-2022 LOCAL LAW NO.: OF 2022 A LOCAL LAW TO AMEND CHAPTER 179 "ZONING" OF QUEENSBURY TOWN CODE TO ALLOW COMMERCIAL BOAT SALES, SERVICES AND STORAGE IN THE COMMERCIAL LIGHT INDUSTRIAL (CLI) ZONING DISTRICT BY SITE PLAN REVIEW BE IT ENACTED BY THE QUEENSBURY TOWNBOARD AS FOLLOWS: Section 1. Intent; Authority —The Town Board seeks to allow commercial boat sales, services & storage by site plan review in the Commercial Light Industrial zoning district. This Local Law is adopted in accordance with the New York State Municipal Home Rule Law. Section 2. Amendment to Zoning Law — Chapter 179 of the Queensbury Town Code entitled "Zoning" and known as the "Town of Queensbury Zoning Law" is hereby amended as follows: A. Attachment 4 entitled "Table 4: Summary of Allowed Uses in Industrial Districts" is hereby amended as follows: Veteran's Field Commercial Light Heavy Industrial Light Industrial Industrial Industrial Use Table VF-LI CLI HI Commercial Boat SPRS Sales/Service/Storage s Commercial Boat Storage shall bean accessory use and shall not exceed more than 30%land area associated with the primary use of the lot in the Commercial Light Industrial zoning district. Note: Language in bold italics is new language to be added; Language is old language to be deleted. 1 I-, T y; Section 3. 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. Section 4. 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 5. 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 is old language to be deleted. 2 Town of Queensbury Community Development Office 742 Bay Road, Queensburyy,NY 12804 Town of Queensbury Planning Board RESOLUTION—TOWN BOARD LEAD AGENCY STATUS SITE PLAN 64-2021 HACKER BOAT COMPANY, INC. Tax Map ID: 308.16-2-4.1 /Property Address: 315 Corinth Road/Zoning: CLI Whereas Hacker Boat Company, Inc. submitted a zone change application to the Queensbury Town Clerk's office on or about September 1, 2021 to allow for the addition of Commercial Boat Sales/Storage/Service as an allowable use by Site Plan Review in the Commercial Light Industrial Zoning District, MOTION TO CONSENT TO THE OUEENSBURY TOWN BOARD AS THE LEAD AGENCY FOR CHANGE OF ZONE FOR HACKER BOAT COMPANY INC. Introduced by David Deeb,who moved for its adoption. Motion seconded by Brad Magowan. Duly adopted this 19th day of October,2021,by the following vote: AYES: Ms. White,Mr. Shafer,Mr. Hunsinger, Mr.Magowan,Mr. Dixon,Mr. Deeb,Mr. Traver NOES: NONE ABSENT: Mr. Valentine MOTION TO PROVIDE A POSITIVE RECOMMENDATION FOR CHANGE OF ZONE FOR HACKER BOAT COMPANY,INC., Introduced by David Deeb who moved for its adoption, That boat storage is not to be an exclusive use of the property. Motion seconded by Brad Magowan. Duly adopted this 19th day of October 2021 by the following vote: AYES: Mr. Shafer,Mr. Hunsinger,Mr. Magowan,Mr. Dixon,Mr. Deeb,Ms.White, Mr. Traver NOES: NONE ABSENT: Mr. Valentine Phone: S18.76i.8220 I Fax: 518.745.4437 1742 Bay Road, Queensbury, NY 128041 www.queens.bury.net