470.2022 Setting PH Proposed LL Amend Ch 179 Zoning Qby Town Code Regulate Specific Cannabis Business & Amend use Require. Related to Ag RESOLUTION SETTING PUBLIC HEARING ON PROPOSED
LOCALLAW NO.: OF 2023 TO AMEND CHAPTER 179
"ZONING" OF QUEENSBURY TOWN CODE TO REGULATE
SPECIFIC CANNABIS BUSINESSES AND AMEND USE
REQUIREMENTS RELATED TO AGRICULTURE
RESOLUTION NO.: 470, 2022
INTRODUCED BY: Mr. Harrison Freer
WHO MOVED FOR ITS ADOPTION
SECONDED BY: Mr. George Ferone
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 2023
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 changes are subject to Warren County Planning Department
review in accordance with New York State General Municipal Law §239-m, and
WHEREAS, the Town of Queensbury proposed amendments affecting land uses within
the Adirondack Park 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, on November 21, 2022 the Adirondack Park Agency issued a letter
notifying the Town that the proposed zoning changes in the proposed Local Law affecting the
Town's Agency Approved Local Land Use Program are approved, 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, January 23ra
2023 to hear all interested persons concerning the proposed revisions to the Town's Zoning Code
and enactment of"Local Law No.: of 2023 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 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 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 191h day of December, 2022, by the following vote:
AYES Mr. McNulty, Mr. Strough, Mr. Metivier, Mr. Freer, Mr. Ferone
NOES None
ABSENT: None