3.07 3.7
RESOLUTIONS\LOCAL LAWS&ORDINANCE\SET PUBLIC HEARING\Chapter 179—JP Gross Properties—Change of Zone—Waterfront to Commercial—12-5-2022
RESOLUTION SETTING PUBLIC HEARING ON PROPOSED
LOCALLAW NO. OF 2022 TO AMEND CHAPTER 179 "ZONING"
OF QUEENSBURY TOWN CODE TO AMEND ZONING MAP TO
CHANGE ZONING DISTRICT DESIGNATION OF A PORTION OF
TAX MAP PARCEL NO.: 309.17-1-3
RESOLUTION NO.: 12022
INTRODUCED BY:
WHO MOVED FOR ITS ADOPTION
SECONDED BY:
WHEREAS, JP Gross Properties LLC, LLC QPGP) submitted a zoning change application
to the Queensbury Town Clerk's Office on or about August 17, 2022 to allow for a change of zoning
district designation of a 4.03 acre portion of land located at 84 Eagan Road identified as Tax Map
No.: 309.17-1-3 from Waterfront Residential(WR)to Commercial Light Industrial(CLI), and
WHEREAS, the Town Board wishes to consider adoption of Local Law No.: of 2022
to change the zoning district designation for a portion of a parcel identified as Tax Map No.:
309.17-1-3 from Waterfront Residential(WR)to Commercial Light Industrial(CLI) as presented at
this Town Board meeting, including a proposed revision to the Town's Zoning Map associated
with the Zoning Code (collectively, the "proposed zoning revision"), and
WHEREAS, the Town Board, by Resolution No.: 359, 2022, referred the application to
the Queensbury Planning Board for SEQRA review and recommendation of the proposed zoning
changes in accordance with §179-15-040 of the Town Zoning Ordinance, and
WHEREAS, at their meeting of November 15, 2022, the Planning Board accepted
SEQRA Lead Agency status and issued a Negative Declaration, and
WHEREAS, at the same meeting, the Planning Board also issued a favorable
recommendation on the proposed zoning change, and
WHEREAS, the Town Board, by Resolution No.: 359, 2022, also referred the application
to the Warren County Planning Department for NYS GML §239-m review, and
WHEREAS, on October 4, 2022 the Town received a recommendation from the Warren
County Planning Department to approve the proposed zoning changes, 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, December
19'', 2022 to hear all interested persons concerning the proposed revisions to the Town's Zoning
Code and enactment of "Local Law No.: of 2022 A Local Law To Amend Chapter 179
`Zoning' of Queensbury Town Code to Amend Zoning Map to Change Zoning District
Designation of a Portion of Tax Map Parcel No.: 309.17-1-3,"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 (including a proposed revision to the Town's Zoning
Map associated with the Zoning Code) 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 5Ih day of December, 2022, by the following vote:
AYES
NOES
ABSENT:
RESOLUTION AUTHORIZING TOWN CLERK TO SUBMIT
JP GROSS PROPERTIES LLC' S PETITION FOR CHANGE OF ZONE TO
QUEENSBURY PLANNING BOARD
RESOLUTION NO.: 359, 2022
INTRODUCED BY: Mr. Timothy McNulty
WHO MOVED ITS ADOPTION
SECONDED $Y. Mr. Anthony Metivier
WHEREAS, JP Gross Properties L1_C. LLC (JPGP) submitted a zoning change
application to the Queensbury Town Clerk's Office on or about August 17, 2022 to allow for
a change of zoning district designation for a portion of a parcel identified as Tax Map No:
309. 17- 1 -3 from 'Waterfront Residential (WR) to Commercial Light industrial (CLI), and
WHEREAS, JPGP has also submitted an application to the Planning Board for Site
Plan Review approval to construct a storage area on said parcel portion to support the
adjacent business, and
WHEREAS, the application has been reviewed by the Town's Senior Planner and
deemed complete for purposes of review, and
WHEREAS, applications for zoning changes are subject to Warren County Planning
Department review in accordance with New York State General Municipal Law §239-m, and
WHEREAS, applications for zoning changes may be forwarded to the Town Planning
Board for recommendations in accordance with § 179- 15-040 of the Town Zoning Ordinance,
and
WHEREAS, following such recommendations, the Town Board will review the
application and take such other actions as it shall deem necessary and proper, and
WHEREAS, prior to making a decision about whether to approve the zoning change,
it is necessary to conduct a review under the New York State Environmental Quality Review Act
(SEQRA.) for potential environmental effects,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby requests that the Planning Board
seek Lead Agency status for SEQRA review of the proposed zoning change and Site Plan
Review approvals requested by JPGP as delineated in the preambles of this Resolution, and
BE IT FURTHER,
RESOLVED, that the Town Board hereby authorizes and directs the Town Clerk to
forward GWA's application received by the Town Clerk's Office on or about August 17,
2022 to the Queensbury Planning Board for review, report and recommendation on the
proposed .zoning change, and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs the Town Clerk to
submit the application to the Warren County Planning Department for NYS GML §239-m
review, and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs the Town Supervisor
to execute any necessary documentation and the Town Supervisor, Town Clerk and/or
Department of Community Development to take any other necessary actions to effectuate the
terms of this Resolution.
Duly adopted this 26`h day of September, 2022 by the following vote:
AYES : Mr. Strough, Mr. Metivier, Mr. Freer, Mr. McNulty
NOES : None
ABSENT: Mr. F'erone
f ow4l of {)tip ct�sbury
C'ornmuinity Developni(,arZt Office
742 Bay R(c)ad- QLleenstmrG . \ `r" 12804
Town of Queensbury Planning Board
SEAR RESOLUTION — Grant Negative Declaration
SITE PLAN 62-2022 & PETITION OF ZONE CHANGE 4-2022 JP GROSS PROPERTIES
Tax Map ID: 309. 17- 1 -3, 309. 17- 1 - 17.2 I Property Address: 84 Eagan Rd, 27 Silver Circle f Zoning: WR, CLI
The applicant proposes a lot line adjustment of a 6.03 acre parcel which would reduce the parcel' s size to 2.00
acres in the WR zone. The remaining 4.03 of the parcel would be merged with the adjoining CLI parcel. The
project includes a request to rezone the 4.03 acre parcel from WR to CLI. Pursuant to chapter [ 79-3-040, site
plan review for development of the 4.03 acre portion of the property For outside gravel storage and stormwater
management shall be subject to Planning Board review and approval. Pursuant to chapter 179-9-040, referral
from the Town Board where the Planning Board is to complete the SEQR and provide a recommendation to the
Town Board. Pursuant to chapter I79-3-040, site plan for new use in an industrial zone shall be subject to
Planning Board review and approval upon completion of rezoning. The Planning Board will accept lead agency,
review SEAR, and provide recommendation.
The proposed action considered by this Board is a Type I in the Department of Environmental Conservation
Regulations implementing the State Environmental Quality Review Act and the regulations of the Town of
Queensbury;
No Federal or other agencies are involved;
Part l of the Long EAF has been completed by the applicant;
Upon review of the information recorded on this EAF, it is the conclusion of the Town of Queensbury Planning
Board as lead agency that this project will result in no significant adverse impacts on the environment, and,
therefore, an environmental impact statement need not be prepared. Accordingly, this negative declaration is
issued.
MOTION TO GRANT A NEGATIVE DECLARATION FOR SITE PLAN NO. 62-2022 & PETITIN OF
ZONE CHANGE 4-2022 JP GROSS PROPERTIES. Introduced by Michael Dixon who moved for its
adoption.
As per the resolution prepared by staff.
1 . Part I [ of the Long EAF has been reviewed and completed by the Planning Board.
2. Part [ [I of the Long EAF is not necessary because the Planning Board did not identify potentially
moderate to large impacts.
Motion seconded by Brad Magowan. Duly adopted this 15' day of November 2022 by the following vote:
AYES: Mr. Stark, Mr_ Magowan, Mr. Etu, Mr. Deeb, Mr. Dixon, Mr. Longacker, Mr. Traver
NOES : NONE
Phone: 5 18 , 761 .$'"D : l a.,�: 1 8.7-45 - 44117 74? [day Raad. QUeellSbUcy . NY 12804 � tivw .'-queer sl�urr .net
V It�4�'tl Ul QLI��iIShUi'ti'
C onin-lunity Developn-tent 01'I ice
742 Bav Road, QLteeriybur} . NY 1 2804
Town of Queensbury Planning Board
RESOLUTION —ACKNOWLEDGE LEAD AGENCY STATUS IN CONNECTION WITH
SITE PLAN 62-2022 & PETITION OF ZONE CHANGE 4-2022 JP GROSS PROPERTIES
Tax Map ID: 309. 17- 1 -3, 309. 17- 1 - 17.2 / Property Address: 84 Eagan Rd, 27 Silver Circle/ Zoning: WR, CLI
WHEREAS, the applicant proposes a lot line adjustment of a 6.03 acre parcel which would reduce the parcel's
size to 2.00 acres in the WR zone. The remaining 4.03 of the parcel would be merged with the adjoining CLI
parcel. The project includes a request to rezone the 4.03 acre parcel from WR to CLI_ Pursuant to chapter 179-
3-040, site plan review for development of the 4.03 acre portion of the property for outside gravel storage and
stormwater management shall be subject to Planning Board review and approval . Pursuant to chapter 179-9-
040, referral from the Town Board where the Planning Board is to complete the SEQR and provide a
recommendation to the Town Board. Pursuant to chapter 179-3-040, site plan for new use in an industrial zone
shall be subject to Planning Board review and approval upon completion of rezoning. The Planning Board will
accept lead agency, review SEAR, and provide recommendation.
WHEREAS, the Planning Board of the Town of Queensbury has determined to begin an environmental review
process under the State Environmental Quality Review Act (SEQRA).
WHEREAS, in connection with the project, the Town of Queensbury Planning Board, by resolution, previously
authorized the Community Development Office to notify other involved agencies of the desire of the Town
Board to conduct a coordinated SEQR review;
WHEREAS, the Zoning Administrator has advised that other involved agencies have been notified and have
consented to the Town of Queensbury Planning Board being lead agency;
NOW, THEREFORE BE IT RESOLVED :
MOTION TO ACKNOWLEDGE LEAD AGENCY STATUS IN CONNECTION WITH SITE PLAN 62-
2022 & PETITION OF ZONE CHANGE 4-2022 JP GROSS PROPERTIES, Introduced by Michael Dixon
who moved for its adoption, seconded by Warren Longacker_
As per the draft resolution prepared by staff.
Duly adopted this 15T" day of November 2022 by the following vote:
AYES: Mr. Longacker, Mr. Stark, Mr. Magowan, Mr. Etu, Mr. Deeb, Mr. Dixon, Mr. Traver
NOES: NONE
Phone: 5 1 8.76 1 .82_0 Fay! 51 8.745 ,44+ 7 ' 742 Bay road. Queenshticy. 'NY 12804 j wwv%equeensbtiry _Ilct
a
I (],NWn or QuccII,;bL1ry
C orr-m-tunity Cyr:~. elopmtnt Office
742 Ba% Road, Q�rocnsbury, N 'Y' 121804
Town of Queensbury Planning Board
RESOLUTION -Planning Board Recommendation to the Town Board for Zoning Change
Change from Waterfront Residential to Commercial Light Industrial
SITE PLAN 62-2022 & PETITION OF ZONE CHANGE 4-2022 JP GROSS PROPERTIES
Tax Map ID. 309. 17- 1 -3, 309. 17- 1 - 17.2 /Address: 84 Eagan Rd, 27 Silver Circle I Zoning: WR, CLI
WHEREAS, the applicant proposes a lot line adjustment of a 6.03 acre parcel which would reduce the parcel's
size to 2.00 acres in the WR zone. The remaining 4.03 of the parcel would be merged with the adjoining CLI
parcel. The project includes a request to rezone the 4.03 acre parcel from WR to CLI. Pursuant to chapter 179-
3-040, site plan review for development of the 4.03 acre portion of the property for outside gravel storage and
stormwater management shall be subject to Planning Board review and approval. Pursuant to chapter 179-9-
040, referral from the Town Board where the Planning Board is to complete the SEAR and provide a
recommendation to the Town Board. Pursuant to chapter 179-3-040, site plan for new use in an industrial zone
shall be subject to Planning Board review and approval upon completion of rezoning. The Planning Board will
accept lead agency. review SEAR, and provide recommendation.
WHEREAS, the Town of Queensbury Town Board is proposing a zoning change to commercial light industrial .
The 'I-own Board referred this proposed change to the Planning Board for an advisory recommendation pursuant
to Section 179- 15-020, resolution number 359, 2022 dated on September 26, 2022;
MOTION FOR RECOMMENDATION TO THE TOWN BOARD AS FAVORABLE FOR ZONING
CHANGE FROM WATERFRONT RESIDENTIAL TO COMMERCIAL LIGHT INDUSTRIAL FOR
SITE PLAN NO, 62-2022 & PETITION OF ZONE CHANGE 4-2022 JP GROSS PROPERTIES
The Planning Board based on limited review has not identified any significant adverse impacts that cannot be
mitigated with this proposal.
Introduced by Michael Dixon who moved for its adoption.
Motion seconded by Warren Longacker. Duly adopted this 151h day of November 2022 by the following vote:
AYES : Mr. Magowan, Mr. Etu, Mr. Deeb. Mr. Dixon, Mr. Longacker, Mr_ Stark, Mr. Traver
NOES : NONE
Phone: i f 8-76 [ . 8 20 1 Fzi.; } 1 8.745 . 4437 1 742 43.iy Roeid, Qticensbur]y . Nor' [ 3804 V4v E4'.i�Ll �ns[J 4l['Y.ilCf
Reviewed by Department on Friday, September 30, 2022
Warren County Planning Department Oct2022.9
Project Review and Referral Form
FNumber.m
me: Town of Queensbury- JP Gross, LLC
Town of Queensbury
QBY-22-LL
ect#: OctZO22-9
ning:
Communit • r '
Y- Queensbury �
Project Description:
Applicant proposes resolution authorizing Town Clerk to submit JP Gross Properties, LLC's ,petition for change of zone for tax
map no. 309. 17-1 -3 from Waterfront Residential (WR) to Commercial Light Industrial (CU),
Site Location:
r
Numbers:
lanning Recommendation:
Informal Staff Comments.
Local actions to date (if any):
Local Action/Final Disposition:
9/30/2022
Warren County Planning Department Date Sighed Local Official Date Signed
PLEASE RETUP"N THIS FORM TO THE WARREN COUNTY PLANNt.NU DEPARTMENT WITHIN 10 DAYS OF P[NAL ACTION
LOCAL. LAWS & ORDLNANCESWhapter 179 — JP Gross Properties — Cagan Road — Waterfront to Commercial Light industrial - 12-19-2022
LOCAL LAW NO.: OF 2022
A LOCAL LAW TO AMEND CHAPTER 179 "ZONING" OF QUEENSBURY
TOWN CODE TO AMEND ZONING MAP TO CHANGE ZONING
DISTRICT DESIGNATION OF A PORTION OF
TAX MAP PARCEL NO. : 309. 17- 1~3
BE IT EXACTED BY THE TOWN BOARD OF THE TOWN OF QUEENSBURY AS
FOLLOWS:
SECTION I. Queensbury Town Code Chapter 179, "Zoning," is hereby amended by
amending the official Town Zoning Map to reflect a change of zoning district designation of a 4.03
acre portion of land at 84 Eagan Road from Waterfront Residential (LVR) to Commercial Light
Industrial (CLI), such property bearing Tax Map Parcel No. : 309- 17- 1 -3 .
SECTION 2. The Map appended to this Local Law is hereby adopted as the official Town
Zoning Map of the Town of Queensbury and supersedes the previously adopted Town Zoning Map.
SECTION 3. 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. All Local Laws or Ordinances or parts of Local Laws or Ordinances in
conflict with any part of this Local Law are hereby repealed_
SECTION 5. This Local Law shall take effect immediately upon filing in the Office of the
New York Secretary of State as provided in New York State Municipal Horne Rule Law §27.
Note: Language in hold italics is new language to be added;
Language with line drawn through is old language to be deleted.
1
Silver Circle LLC
Proposed Rezoning
WR to C LI
OAP N
WE
S
0 300 600
Feet
Map Produced by TOQGIS: 1112022
SBL: 308.20-1-3.1
OWNER: EXIT 18 IND PROPHOLDINGS
t,
Portion of parcel proposed to be
rezoned from WR to CLI
SBL:309.17-1-3 1.-,
OWNER: JP GROSS PROPERTIES LLC r
l 0c,
Q
0
SBL: 309.17-1-18.5
OWNER: 33 SILVER CIRCLE LLC
SBL: 309,17-1-17.2
OWNER: 27 SILVER CIRCLE LLC
SB7_: 309.17-1-4
Portion to remain WR OWNER: RICHARD
MCLENITHAN