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212.2013 LL3 Breweries RESOLUTION ENACTING LOCAL LAW NO.: 3 OF 2013 TO AMEND QUEENSBURY TOWN CODE CHAPTER 179 "ZONING" RELATING TO MICROBREWERIES AND TAVERNS RESOLUTION NO.: 212,2013 INTRODUCED BY: Mr. John Strough WHO MOVED ITS ADOPTION SECONDED BY: Mr. Brian Clements WHEREAS, the Town Board wishes to consider adoption of Local Law No.: 3 of 2013 to amend Queensbury Town Code Chapter 179, entitled "Zoning," to clarify the definition of"tavern" and add a definition for"microbrewery"and to allow taverns and microbreweries in certain areas of the Town and provide specific standards for issuance of Special Use Permits for taverns, and WHEREAS, Tribals, LLC—Davidson Brothers submitted an application to the Town Planning Board for Site Plan Review for a microbrewery project, and WHEREAS, together these proposals constitute an "Action" for purposes of review under the New York State Environmental Quality Review Act(SEQRA), and WHEREAS, the Town Board duly held a public hearing on Monday, April 1St, 2013,heard all interested persons and closed such public hearing, and WHEREAS,by Resolution No.: 163, 2013, adopted on April 1St, the Town Board indicated its wish to be Lead Agency for SEQRA review of the Action, and WHEREAS, by Resolution adopted on April 16"', 2013, the Town of Queensbury Planning Board consented to the Town Board's request to be Lead Agency, and 1 WHEREAS, in accordance with General Municipal Law §239-m, the Town referred the proposed Local Law to the Warren County Planning Office and on or about March 28th, 2013, the Warren County Planning Office considered the proposed Local Law and recommended "no county impact,"and WHEREAS, as State Environmental Quality Review Act (SEQRA) Lead Agency, the Town Board has reviewed Part 1 of a Full Environmental Assessment Form (EAF) and completed Part 2 of the EAF to analyze potential environmental impacts of the proposed Local Law, and WHEREAS, this legislation is authorized in accordance with New York Municipal Home Rule Law §10, NOW,THEREFORE,BE IT RESOLVED, that the Queensbury Town Board, after considering the proposed Local Law, reviewing the Full Environmental Assessment Form and thoroughly analyzing the Local Law for potential environmental concerns, determines that the Local Law will not have a significant effect on the environment and the Town Board hereby authorizes and directs the Town Supervisor to complete the Full Environmental Assessment Form by checking the box indicating that the proposed action will not result in any significant adverse environmental impacts, and BE IT FURTHER, RESOLVED, that the Town Board approves a State Environmental Quality Review Act (SEQRA)Negative Declaration and authorizes and directs the Town Clerk's Office and/or Community Development Department to file any necessary documents in accordance with the provisions of the general regulations of the Department of Environmental Conservation, and BE IT FURTHER, 2 RESOLVED, that the Queensbury Town Board hereby enacts Local Law No.: 3 of 2013 to amend Queensbury Town Code Chapter 179 entitled"Zoning,"to clarify the definition of"tavern"and add a definition for "microbrewery" and to allow taverns and microbreweries in certain areas of the Town and provide specific standards for issuance of Special Use Permits for taverns, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Queensbury Town Clerk to file the Local Law with the New York State Department 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. Duly adopted this 6t'day of May, 2013,by the following vote: AYES Mr. Montesi,Mr. Metivier,Mr. Clements,Mr. Strough NOES None ABSENT: Mr. Brewer 3