389.2022 Setting PH Proposed LL Amend Ch179 Zoning RESOLUTION SETTING PUBLIC HEARING ON PROPOSED
LOCALLAW NO.: OF 2022 TO AMEND CHAPTER 179
"ZONING" OF QUEENSBURY TOWN CODE TO REGULATE
SPECIFIC CANNABIS BUSINESSES AND AMEND USE
REQUIREMENTS RELATED TO AGRICULTURE
RESOLUTION NO.: 389, 2022
INTRODUCED BY: Mr. George Ferone
WHO MOVED FOR ITS ADOPTION
SECONDED BY: Mr.Anthony Metivier
WHEREAS, the Queensbury Town Board wishes to amend Chapter 179 of Queensbury
Town Code to regulate specific cannabis businesses and amend use requirements related to
agriculture, and
WHEREAS, the amendments are necessary and desirable to protect the public health,
safety, welfare, and environmental resources, provide a consistent regulatory pathway for the
cannabis industry consistent with State regulations, foster a healthy, diverse and economically
viable cannabis industry that contributes to the local economy and ensure that environmental,public
health, safety and nuisance factors related to both the cannabis industry and agriculture are
adequately addressed, and
WHEREAS, the Town Board wishes to consider adoption of Local Law No.: of 2022
to: (1) amend §179-2-010, entitled "Definitions and word usage, (2) amend §179-10-070,
entitled Specific Standards," (3) amend Table 2, entitled "Summary of Allowed Uses in
Residential Districts," (4) amend Table 3, entitled Summary of Allowed Uses in Commercial
Districts," and (5) amend Table 4, entitled "Summary of Allowed Uses in Industrial Districts,"
and
WHEREAS, zoning amendments may be forwarded to the Town Planning Board for
recommendations in accordance with §179-15-040 of the Town Zoning Ordinance, and
WHEREAS, zoning changes are subject to Warren County Planning Department
review in accordance with New York State General Municipal Law §239-m, and
WHEREAS, the Town must obtain approval of the Adirondack Park Agency for the
proposed Zoning Code amendments prior to adoption, and
WHEREAS, the Town of Queensbury proposed amendments comply with and are in
furtherance of approval standards contained in §807 of the Adirondack Park Agency Act and 9
NYCRR Part 582 of Agency regulations, and
WHEREAS, Municipal Home Rule Law §20 requires the Town Board to hold a
public hearing prior to the adoption of any Local Law,
NOW, THEREFORE, BE IT
RESOLVED, that the 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, November
21", 2022 to hear all interested persons concerning the proposed revisions to the Town's Zoning
Code and enactment of "Local Law No.: of 2022 to Amend Chapter 179 "Zoning" Of
Queensbury Town Code to Regulate Specific Cannabis Businesses and Amend Use Requirements
Related To Agriculture,"and
BE IT FURTHER,
RESOLVED, that the Town Board authorizes the Community Development Department
to forward the proposed Local Law to the Town Planning Board for review and
recommendation, and
BE IT FURTHER,
RESOLVED, that the Town Board authorizes and directs the Town Clerk to submit
the proposed Local Law to the Warren County Planning Department for NYS GML §239-m
review, and
BE IT FURTHER,
RESOLVED, that the Town Board hereby authorizes and directs the Senior Planner to
forward copies of the proposed Zoning Code amendments to the Adirondack Park Agency for its
review and approval in accordance with Article 27 of the Executive Law, §807, 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 web site and bulletin board at least 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
copies of the Notice of Public Hearing, together with copies of the proposed zoning revisions, if
required, to any public officials, agencies or municipalities, in accordance with any applicable
State Laws or Town Code provisions, and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs the Town Clerk to make
a copy of the proposed zoning revisions available for public inspection during regular business
hours of the Clerk's office, and
BE IT FURTHER,
RESOLVED, that the Town Board authorizes and directs the Town Supervisor, Town
Clerk, Director of Planning, Zoning and Code Enforcement, Senior Planner and/or Town
Counsel to take such other actions and give such other notice as may be necessary in preparation
for the Town Board to lawfully adopt proposed Local Law No.: of 2022.
Duly adopted this 17Ih day of October, 2022, by the following vote:
AYES Mr. Strough,Mr.Metivier,Mr. Ferone,Mr.McNulty
NOES None
ABSENT: Mr. Freer