058.2022 Enact LL 1, 2022 Change Zoning from Intensive to Commercial Light Industrial
RESOLUTION ENACTING LOCAL LAW NO.: 1, 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)
RESOLUTION NO.: 58, 2022
INTRODUCED BY: Mr. Anthony Metivier
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. George Ferone
WHEREAS, Luzerne Holdings, Inc. (Applicant) submitted a Petition 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, applications for zoning map 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.: 377,2021, 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 December 14, 2021
consenting to the Town Board taking Lead Agency status for SEQRA review, and
WHEREAS, at their December 14, 2021 meeting the Planning Board also adopted a
Resolution making a favorable recommendation on petitioned change of zoning map designation, and
WHEREAS, by Resolution No.: 51, 2022 the Town Board accordingly authorized the
Community Development Department to forward the Applicant’s Petition for Change of Zone
application to the Warren County Planning Department for GML 239-m review, and
WHEREAS, the Warren County Planning Department responded on January 19, 2022 with a
recommendation to approve the proposed zoning change, 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 conducted a public
hearing, heard all interested parties and closed the public hearing concerning the legislation on Monday,
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January 24, 2022, and
WHEREAS, the Town Board, as Lead Agency for the environmental review required under
the State Environmental Quality Review Act (SEQRA), has reviewed a Full Environmental
Assessment Form to analyze potential environmental impacts of proposed Local Law No.: 1, of 2022
and finds that no significant adverse environmental impacts are expected to result, and
WHEREAS, the Town Board has considered the conditions and circumstances of the area
affected by the proposed Local Law and wishes to consider adoption of Local Law No.: 1 of 2022 as
presented at this meeting, hereinafter referred to as the “legislation,”
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby finds that the proposed changes
to the Town Zoning Map will not result in any large or important detrimental impacts and will
not have a significant adverse impact on the environment, and therefore declares a Negative
Declaration under SEQRA and authorizes the filing of the attached SEQRA Negative
Declaration - Notice of Determination of Non-Significance for this action, and
BE IT FURTHER
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RESOLVED, that the Town Board authorizes and directs the Town Clerk and/or
Director of Planning, Zoning and Code Compliance to file any necessary documents relating to
this Negative Declaration in accordance with applicable laws and regulations, and
BE IT FURTHER,
RESOLVED, that the Town Board hereby adopts Local Law No.: 1 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),” and
BE IT FURTHER,
RESOLVED, that the Town Board hereby authorizes and directs the Town Clerk to send a
copy of this Resolution and a copy of the Local Law to the Town Planning Board, Town Zoning
Board of Appeals, Town Zoning Administrator and Warren County Planning Department in
accordance with §179-15-080(D) of the Town Zoning Law, and
BE IT FURTHER,
RESOLVED, that the Town Board hereby authorizes and directs the Town Clerk to file the
Local Law 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 immediately upon
filing with the Secretary of State.
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Duly adopted this 24 day of January, 2022, by the following vote:
AYES: Mr. Strough, Mr. Metivier, Mr. Freer, Mr. Ferone, Mr. McNulty
NOES: None
ABSENT:None
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