2.02 2.2
LOCAL LAWSTnactment\Chapter 179-3-040B—Commercial Districts—Enclosed Shopping Center Change—3-37-17
RESOLUTION ADOPTING SEQRA NEGATIVE DECLARATION AND
ENACTING LOCAL LAW NO.: OF 2017 TO AMEND QUEENSBURY
TOWN CODE CHAPTER 179 "ZONING" TO REVISE §179-3-040(B)(1)
"ENCLOSED SHOPPING CENTER ESC"
RESOLUTION NO. ,2017
INTRODUCED BY:
WHO MOVED ITS ADOPTION
SECONDED BY:
WHEREAS, the Queensbury Town Board wishes to consider adoption of Local Law No.:
of 2017 to amend Queensbury Town Code Chapter 179, entitled "Zoning," to eliminate the density
restriction in the Enclosed Shopping Center District, and
WHEREAS, before the Town Board may amend, supplement, change, or modify its Zoning
Law and/or Map, it must hold a public hearing in accordance with the provisions of Town Law §265,
the Municipal Home Rule Law and the Town of Queensbury Zoning Law, and
WHEREAS, in accordance with General Municipal Law §239-m, the Town must first refer the
proposed Zoning Law amendments and obtain a recommendation from the Warren County Planning
Department before enacting the legislation, and
WHEREAS, on or about February 16th, 2017, the Warren County Planning Department
considered the proposal and determined that there would be no County impact, and
WHEREAS, the Town Board duly conducted a public hearing, heard all interested parties and
closed the public hearing concerning the proposal on Monday, February 27th, 2017, and
WHEREAS, as SEQRA Lead Agency, the Town Board has reviewed a Full Environmental
Assessment Form to analyze potential environmental impacts of the proposal, and
WHEREAS, the Town Board has considered the conditions and circumstances of the area
affected by the proposal, and
WHEREAS, the Town Board wishes to consider adoption of Local Law No.: of 2017 as
presented at this meeting,hereinafter referred to as the"legislation,"
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby determines that the proposed
legislation will not have any significant adverse environmental impact and a SEQRA Negative
Declaration is made, and authorizes and directs the Town Clerk and/or Director of Planning, Zoning
and Code Compliance to file and publish a SEQRA Negative Declaration-Notice of Determination of
Non-Significance with respect to the legislation, and
BE IT FURTHER,
RESOLVED, that the Town Board hereby adopts Local Law No.: of 2017 to amend
Queensbury Town Code Chapter 179, entitled "Zoning," to eliminate the density restriction in the
Enclosed Shopping Center District, and
BE IT FURTHER,
RESOLVED, that the Town Board hereby authorizes and directs the Queensbury Town Clerk
to send a copy of this Resolution and a copy of the Local Law and/or Zoning Map to the Town
2
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 and/or the official Town Zoning Map, as amended, 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.
Duly adopted this 27ffi day of February, 2017,by the following vote:
AYES
NOES
ABSENT :
3
lam^ r_trV iVVr
Crc-;:i aro0 /t
.!/
Mar17-03
Warren County Planning Department
Project Review and Referral Form
Reviewed by Department on February 15, 2017
Project Name: Town of Queensbury Vali 13/
Owner: Town of Queensbury N
ID Number: QBY-17-LL-179 �) (I
fitieTIiVEn
County Project#: Marl 7-03 cn
FEB 1 6 11717
Current Zoning: QUEENSBURY
Community: Queensbury CLERK'S OFFICE
Project Description: 6[ Tra�
Proposed amendment to Queensbury Town Code Chapter 179 to eliminate the density restriction in the Enclosed
Shopping Center District(ESC).
Site Location:
ESC parcels in the area of Aviation Rd and Exit 19 of NYS 1-87
Tax Map Number(s):
Staff Notes:
The issues here appearto be of a local nature involving local issues without any significant impactson County properties
or resources.Staff recommends no county impact based onthe information submitted according to the suggested review
criteria of NYSGeneral Municipal Law Section 239 applied to the proposed project.
Local actions to date(if any):
County Planning Department:
NCI
Local Action:/Final Disposition:
2/e 2/16/2017
Warren County Planning Department Date Signed Local Official Date Signed
PLEASE RETURN THIS FORM TO THE WARREN COUNTY PLANNING DEPARTMENT WITHIN 10 DAYS OF FINAL ACTION
,
f
Chapter 179-3-040—Zoning—Commercial District—Enclosed Shopping Center Change—2-27-17
LOCAL LAW NO.: OF 2017
A LOCAL LAW TO AMEND CHAPTER 179 "ZONING" OF
QUEENSBURY TOWN CODE TO REVISE §179-3-040(B)(1) ENTITLED
"ENCLOSED SHOPPING CENTER ESC"
BE IT ENACTED BY THE TOWN BOARD OF THE TOWN OF
QUEENSBURYAS FOLLOWS:
SECTION 1. Queensbury Town Code Chapter 179, "Zoning," §179-3-040 entitled
"Establishment of zoning districts," Section (B)(1) is hereby amended as follows:
§ 179-3-040. Establishment of zoning districts.
B. Commercial Districts.
(1) Enclosed Shopping Center ESC. The ESC District encompasses those
areas where shopping center development exists or is anticipated. The
intent of this district is to ensure that shopping center development, as well
as compatible commercial infill development, provides safe access points,
coherent and safe traffic patterns, efficient loading and unloading,
aesthetically pleasing shopping environments and safe pedestrian
circulation. This area of the Town formerly consisted, under the 2002
Zoning Law, of the same district boundaries as are currently established
herein but with the zoning district designation of"ESC-25A."
(a) Uses allowed. The uses allowed in this district are set forth on
Table 3 of this chapter. Freestanding buildings are permitted in
this district.
Note: Language in bold italics is new language to be added;
Language with line drawn through is old language to be deleted.
1
(b) Dimensional requirements. All uses in this district must comply
with the requirements of Table 1 of this chapter and as follows
(Note that all are minimum requirements except density and
building height which are maximum restrictions.):
{1] Density: 1.0 acre per principal use with a minimum of 0.5
• e t .. A ::
[1] [2} Front yard setback: 40 feet. Buildings in excess of 40 feet
in height shall require a front setback of 100 feet or greater.
[2] [3} Side yard setback: 30 feet.
[3]{4} Rear yard setback: 30 feet.
[4][5} Shoreline/stream/wetland setback: 150 feet.
[5J{6} Lot width: 500 feet.
[6][7} Road frontage: 75 feet.
[7J{8} Water frontage: 200 feet.
[8][94 Building height: 70 feet. Buildings in excess of 40 feet in
height shall require a front setback of 100 feet or greater.
[9][10}Percent permeable: 20%.
[10][11}Percent landscaped: 15%.
Note: Language in bold italics is new language to be added;
Language with line drawn through is old language to be deleted.
2
r
(c) Development standards. The standards and requirements set forth
in Article 4 of this chapter shall apply to all uses in this district as
well as expansion, remodeling or change of use to existing
structures and uses.
SECTION 2. Queensbury Town Code Chapter 179, "Zoning," Attachment 1:1 entitled,
"Table 1: Table of Area Requirements," is hereby amended to eliminate the density restriction for
Enclosed Shopping Center.
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 Municipal Home Rule Law§27.
Note: Language in bold italics is new language to be added;
Language with line drawn through is old language to be deleted.
3
ZONING
179 Attachment 1
Town of Queensbury
. Table 1:Table of Area Requirements
[Amended 1-28-2011 by L.L.No.2-2011;3-18-2013 by L.L.No.2-2013;12-16-2013 by L.L.No.7-2013;10-6-2014 by L.L.No.5-2014;4-18-2016 by L.L.No.3-2016;10-17-2016 by L.L.No.7-20161
I
Minimum Minimum Setbacks Maximum
Building Floor
Minimum Lot Road Water Area for Merchandise Minimum Height Area
Lot Size Width' Frontage Depth Frontage Clustering Front Side Rear Shoreline Display' Percent Proposed Ratio
District Symbol (acres) Density (feet) (feet) (feet) (feet) (acres) (feet) (feet)) (feet) (feet) (feet) Permeable (feet) (FAR) Notes
Land conservation LC-42A 42 400 400 — 400 210 100 100 100 200 _ 95% 35
LC-10A 10 400 400 - — 400 50 _ 100 100 100 200 95% 35
Parkland recreation PR-42A 42 400 400 _ 800 800 210 100 100 100 150 _ 90% 35
Rural residential RR-5A _ 5 400 400 _ — 200 25 100 - 75 100 75 75% 40/352 1
RR-3A 3 400 400 _ — 200 15 _ 100 75 100 75 _ 75% 40/352
Waterfront WR 2 150 150 — 150 4 30 25,20,15, 30 sons' 75% • 28' 0.22
residential
12:varies
with lot
width"
Moderate-density MDR 2 or 12 100 100 — 100 2 30 25 30 75 50% 40/352
residential _
Neighborhood NR 0.5 or 50 50 50 20 10/0' 15 50 35% 40/352
residential 10,000 se •
Recreation RC 15,000 sib 75 75 200 30 20 20 75 30% 35
commercial
Commercial CM 1 150 50 200 150 NA 75 20 minimum; 25 75 25 30% 40 0.3
moderate
_ _ sum 50
Commercial CI I 150 50 200 150 NA 75 20 minimum; 25 75 25 30% 40 0.3
intensive sum 50 _ _
Commercial CI-18 1 150 50 200 NA NA 50-100" 20 minimum; 25" 75 - 30% 40-70" 30%landscaped
Intensive-Exit l8 _ sum 50's
Office 0 Nonresidential:0.5 acre per 250 75 80 75 25 25 75 35% 40 15%landscaped
7,000 square feet of floor area
Residential:1 acre per 8
dwelling units _
Neighborhood NC I acre per principal use or 50 50 100 75 _ 40 20 15 75 30% 30
commercial structure _
Main Street MS 50 50 75 40-100" 0" 10 50 5%-I0% 4016 5%landscaped"
varies with
lot size"
Commercial Light CLI / 1 acre per principal use or 200 100 200 200 50 30 30 75 30% 60 40,000 square feet
Industrial structure . Total building size
• cap for retail use
only
•
179 Attachment 1:1 12-01-2016
QUEENSBURY CODE
•
Minimum Minimum Setbacks Maximum
- Minimum Building Floor
Minimum Lot Road Water Area for Merchandise Percent Height Area
Lot Size Width' Frontage Depth Frontage Clustering Front Side Rear Shoreline Duplay' Permeabl Proposed Ratio
District Symbol (acres) Density (feet)' (feet) (feet) (feet) (acres) (feet) (feet) (feet) (feet) (feet) a (feet) (FAR) Notes
Light Industrial LI-VF I 200 200 'NA 50 20 20 75 30% 35 0.3
Veteran's Field
Heavy industry HI 3 acres minimum per principal 300 300 400 200 NA 100 50 50 200 30% .50
use or structure
Enclosed shopping ESC 500 75 200 NA 40 30 • 30 150 20% 701-9 15%minimum
center 0.5- e
-pw ".000-sgef Roar landscaped
area
NOTES:
Minimum lot widths require compliance with access management requirements for shared driveways or double lot width.
Thirty-five-foot building height applies within the Adirondack Park.
Two acres of land per residential unit if not connected to public sewer and water systems;one acre of land per residential unit if connected to public water and sewer systems.
Five-tenths acre of land per residential unit if not connected to public sewer and water systems;10,000 square feet of land per residential unit if connected to public sewer and water systems.
Ten feet if buildings not connected or zero if connected.
With a minimum of 15,000 square feet of land per 2,000 square feet of floor area.
Setback from the edge of pavement.
Accessory structures shall have a maximum height of 16 feet.
Seventy-five-foot setback applies to lands in the Rural Use classification in the Adirondack Park.See Zoning Map.
° See§179.3.040A(5)(b)[3].
1 A building setback greater than the minimum requirement of 50 feet may allow for a building height greater than the maximum of40 feet otherwise allowed.See§179-3040B(8)(6)[2]and[9].
3 See§§179-3.0408(5)(6)[2],179.3-040B(5)(b)[9],and 179-7-070A(I)(c).
4 Buildings shall occupy a minimum of 60%of the build-to lot width as measured by the building facade width divided by the build-to lot width.See§179-3-040B(5)(6)[3].
s §§179-3-040B(S)(b)[10]and 179-3-04013(5)(6)[l I].
6 'See§179-3-040B(5)(b)[9].
' See§179-3-040B(5)(b)(1l]. •
s Parcels adjacent to residential uses shall require a minimum fifty-foot setback-which shall include at least a twenty-five-foot vegetated buffer.
• • 9 Buildings in excess of 40 feet in height shall have a front setback of 100 feet or greater.
•
a
•
•
•
179 Attachment 1:2 12-ot-2016
Agency Use Only(If applicable]
Full Environmental Assessment Form Project:
Part 2-Identification of Potential Project Impacts Date:
Part 2 is to be completed by the lead agency. Part 2 is designed to help the lead agency inventory all potential resources that could
be affected by a proposed project or action. We recognize that the lead agency's reviewer(s)will not necessarily be environmental
professionals. So,the questions are designed to walk a reviewer through the assessment process by providing a series of questions that
can be answered using the information found in Part 1. To further assist the lead agency in completing Part 2,the form identifies the
most relevant questions in Part 1 that will provide the information needed to answer the Part 2 question. When Part 2 is completed,the
lead agency will have identified the relevant environmental areas that may be impacted by the proposed activity.
If the lead agency is a state agency and the action is in any Coastal Area,complete the Coastal Assessment Form before proceeding
with this assessment.
Tips for completing Part 2:
• Review all of the information provided in Part 1.
• Review any application,maps,supporting materials and the Full EAF Workbook.
• Answer each of the 18 questions in Part 2.
• If you answer"Yes"to a numbered question,please complete all the questions that follow in that section.
• If you answer"No"to a numbered question,move on to the next numbered question.
• Check appropriate column to indicate the anticipated size of the impact.
• Proposed projects that would exceed a numeric threshold contained in a question should result in the reviewing agency
checking the box"Moderate to large impact may occur."
• The reviewer is not expected to be an expert in environmental analysis.
• If you are not sure or undecided about the size of an impact,it may help to review the sub-questions for the general
question and consult the workbook.
• When answering a question consider all components of the proposed activity,that is,the"whole action".
• Consider the possibility for long-term and cumulative impacts as well as direct impacts.
• Answer the question in a reasonable manner considering the scale and context of the project.
1. Impact on Land
Proposed action may involve construction on,or physical alteration of, ONO ❑YES
the land surface of the proposed site. (See Part I. D.1)
If"Yes", answer questions a-j. If"No", move on to Section 2.
Relevant No,or Moderate
Part I small to large
Question(s) impact impact may
may occur occur
a.The proposed action may involve construction on land where depth to water table is E2d ❑ 0
less than 3 feet.
b.The proposed action may involve construction on slopes of 15%or greater. E2f 0 0
c.The proposed action may involve construction on land where bedrock is exposed,or E2a 0 0
generally within 5 feet of existing ground surface.
d.The proposed action may involve the excavation and removal of more than 1,000 tons D2a ❑ ❑
of natural material.
e.The proposed action may involve construction that continues for more than one year Die 0 ❑
or in multiple phases.
f.The proposed action may result in increased erosion,whether from physical D2e,D2q 0 0
disturbance or vegetation removal(including from treatment by herbicides).
g.The proposed action is,or may be,located within a Coastal Erosion hazard area. B1 i 0 0
h.Other impacts: 0 ❑
Page 1 of 10
2. Impact on Geological Features
The proposed action may result in the modification or destruction of,or inhibit
access to, any unique or unusual land forms on the site(e.g., cliffs,dunes, ONO ❑YES
minerals,fossils, caves). (See Part 1. E.2.g)
If"Yes", answer questions a-c. If"No", move on to Section 3.
Relevant No,or Moderate
Part I small to large
Question(s) impact impact may
may occur occur
a.Identify the specific land form(s)attached: E2g 0 0
b.The proposed action may affect or is adjacent to a geological feature listed as a E3c 0 0
registered National Natural Landmark.
Specific feature:
c. Other impacts: 0 0
3. Impacts on Surface Water
The proposed action may affect one or more wetlands or other surface water ONO ❑YES
bodies(e.g.,streams,rivers,ponds or lakes). (See Part 1. D.2,E.2.h)
If"Yes", answer questions a-1. If"No", move on to Section 4.
Relevant No,or Moderate
Part I small to large
Question(s) impact impact may
may occur occur
a.The proposed action may create a new water body. D2b,Dlh ❑ ❑
b.The proposed action may result in an increase or decrease of over 10%or more than a D2b 0 ❑
10 acre increase or decrease in the surface area of any body of water.
c.The proposed action may involve dredging more than 100 cubic yards of material D2a ❑ 0
from a wetland or water body.
d.The proposed action may involve construction within or adjoining a freshwater or E2h 0 0
tidal wetland,or in the bed or banks of any other water body.
e.The proposed action may create turbidity in a waterbody,either from upland erosion, D2a,D2h 0 ❑
runoff or by disturbing bottom sediments.
f.The proposed action may include construction of one or more intake(s)for withdrawal D2c 0 0
of water from surface water.
g.The proposed action may include construction of one or more outfall(s)for discharge D2d 0 0
of wastewater to surface water(s).
h.The proposed action may cause soil erosion,or otherwise create a source of D2e 0 0
stormwater discharge that may lead to siltation or other degradation of receiving
water bodies.
i.The proposed action may affect the water quality of any water bodies within or E2h 0 0
downstream of the site of the proposed action.
j.The proposed action may involve the application of pesticides or herbicides in or D2q,E2h 0 0
around any water body.
k.The proposed action may require the construction of new,or expansion of existing, Dia,D2d 0 0
wastewater treatment facilities.
Page 2 of 10
I.Other impacts: ❑ ❑
4. Impact on groundwater
The proposed action may result in new or additional use of ground water, or ONO ❑YES
may have the potential to introduce contaminants to ground water or an aquifer.
(See Part 1. D.2.a, D.2.c,D.2.d, D.2.p,D.2.q, D.2.t)
If"Yes", answer questions a-h. If"No", move on to Section 5.
Relevant No,or Moderate
Part I small to large
Question(s) impact impact may
may occur occur
a.The proposed action may require new water supply wells,or create additional demand D2c 0 0
on supplies from existing water supply wells.
b.Water supply demand from the proposed action may exceed safe and sustainable D2c 0 0
withdrawal capacity rate of the local supply or aquifer.
Cite Source:
c.The proposed action may allow or result in residential uses in areas without water and Dla,D2c 0 0
sewer services.
d.The proposed action may include or require wastewater discharged to groundwater. D2d,E21 0 ❑
e.The proposed action may result in the construction of water supply wells in locations D2c,Elf, 0 0
where groundwater is;or is suspected to be,contaminated. Elg,Elh
f.The proposed action may require the bulk storage of petroleum or chemical products D2p,E2I 0 0
over ground water or an aquifer.
g.The proposed action may involve the commercial application of pesticides within 100 E2h,D2q, 0 0
feet of potable drinking water or irrigation sources. E2I,D2c
h. Other impacts: 0 0
5. Impact on Flooding
The proposed action may result in development on lands subject to flooding. ❑NO ❑YES
(See Part 1. E.2)
If"Yes", answer questions a-g. If"No", move on to Section 6.
Relevant No,or Moderate
Part I small to large
Question(s) impact impact may
may occur occur
a.The proposed action may result in development in a designated floodway. E2i ❑ 0
b.The proposed action may result in development within a 100 year floodplain. E2j ❑ ❑
c.The proposed action may result in development within a 500 year floodplain. E2k 0 0
d.The proposed action may result in,or require,modification of existing drainage D2b,D2e 0 ❑
pattems.
e.The proposed action may change flood water flows that contribute to flooding. D2b,E2i, 0 0
E2j,E2k
f.If there is a dam located on the site of the proposed action,is the dam in need of repair, Ele 0 0
or upgrade?
Page 3 of 10
g.Other impacts: ❑ ❑
6. Impacts on Air
The proposed action may include a state regulated air emission source. ENO DYES
(See Part 1. D.2.f.,D,2,h, D.2.g)
If"Yes", answer questions a-f. If"No", move on to Section 7.
Relevant No,or Moderate
Part I small to large
Question(s) impact impact may
may occur occur
a.If the proposed action requires federal or state air emission permits,the action may
also emit one or more greenhouse gases at or above the following levels:
i. More than 1000 tons/year of carbon dioxide(CO,) D2g ❑ 0
ii. More than 3.5 tons/year of nitrous oxide(/‘1,0) D2g 0 0
iii.More than 1000 tons/year of carbon equivalent of perfluorocarbons(PFCs) D2g 0 0
iv.More than.045 tons/year of sulfur hexafluoride(SF6) D2g 0 0
❑ ❑
v. More than 1000 tons/year of carbon dioxide equivalent of D2g
hydrochloroflourocarbons(HFCs)emissions
vi.43 tons/year or more of methane D2h ❑ ❑
b.The proposed action may generate 10 tons/year or more of any one designated D2g 0 0
hazardous air pollutant,or 25 tons/year or more of any combination of such hazardous
air pollutants.
c.The proposed action may require a state air registration,or may produce an emissions D2f,D2g 0 0
rate of total contaminants that may exceed 5 lbs.per hour,or may include a heat
source capable of producing more than 10 million BTU's per hour.
d.The proposed action may reach 50%of any of the thresholds in"a"through"c", D2g 0 0
above.
e.The proposed action may result in the combustion or thermal treatment of more than 1 D2s ❑ 0
ton of refuse per hour.
f.Other impacts: 0 0
7. Impact on Plants and Animals
The proposed action may result in a loss of flora or fauna. (See Part 1.E.2.m.-q.) ONO ❑YES
If"Yes", answer questions a-j. If"No", move on to Section 8.
Relevant No,or Moderate
Part I small to large
Question(s) impact impact may
may occur occur
a.The proposed action may cause reduction in population or loss of individuals of any E2o 0 0
threatened or endangered species,as listed by New York State or the Federal
government,that use the site,or are found on,over,or near the site.
b.The proposed action may result in a reduction or degradation of any habitat used by E2o 0 0
any rare,threatened or endangered species,as listed by New York State or the federal
government.
c.The proposed action may cause reduction in population,or loss of individuals,of any E2p ❑ 0
species of special concern or conservation need,as listed by New York State or the
Federal government,that use the site,or are found on,over,or near the site.
d.The proposed action may result in a reduction or degradation of any habitat used by E2p ❑ ❑
any species of special concern and conservation need,as listed by New York State or
the Federal government.
Page 4 of 10
e.The proposed action may diminish the capacity of a registered National Natural E3c 0 0
Landmark to support the biological community it was established to protect.
f.The proposed action may result in the removal of,or ground disturbance in,any E2n ❑ ❑
portion of a designated significant natural community.
Source:
g.The proposed action may substantially interfere with nesting/breeding,foraging,or
E2m 0 0
over-wintering habitat for the predominant species that occupy or use the project site.
h.The proposed action requires the conversion of more than 10 acres of forest, Elb 0 ❑
grassland or any other regionally or locally important habitat.
Habitat type&information source:
i.Proposed action(commercial,industrial or recreational projects,only)involves use of D2q 0 0
herbicides or pesticides.
j.Other impacts: 0 0
8. Impact on Agricultural Resources
The proposed action may impact agricultural resources. (See Part 1. E.3.a. and b.) ONO OYES
If"Yes", answer questions a-h. If"No", move on to Section 9.
Relevant No,or Moderate
Part I small to large
Question(s) impact impact may
may occur occur
a.The proposed action may impact soil classified within soil group 1 through 4 of the E2c,E3b 0 ❑
NYS Land Classification System.
b.The proposed action may sever,cross or otherwise limit access to agricultural land Ela,Elb ❑ 0
(includes cropland,hayfields,pasture,vineyard,orchard,etc).
c.The proposed action may result in the excavation or compaction of the soil profile of E3b 0 0
active agricultural land.
d.The proposed action may irreversibly convert agricultural land to non-agricultural Elb,E3a 0 0
uses,either more than 2.5 acres if located in an Agricultural District,or more than 10
acres if not within an Agricultural District.
e.The proposed action may disrupt or prevent installation of an agricultural land El a,Elb ❑ 0
management system.
f.The proposed action may result,directly or indirectly,in increased development C2c,C3, 0 0
potential or pressure on farmland. D2c,D2d
g.The proposed project is not consistent with the adopted municipal Farmland C2c ❑ 0
Protection Plan.
h.Other impacts: 0 ❑
Page 5of10
9. Impact on Aesthetic Resources
The land use of the proposed action are obviously different from,or are in ENO El YES
sharp contrast to, current land use patterns between the proposed project and
a scenic or aesthetic resource. (Part 1.E.1.a,E.1.b,E.3.h.)
If"Yes", answer questions a-g. If"No",go to Section 10.
Relevant No,or Moderate
Part I small to large
Question(s) impact impact may
may occur occur
a.Proposed action may be visible from any officially designated federal,state,or local E3h ❑ 0
scenic or aesthetic resource.
b.The proposed action may result in the obstruction,elimination or significant E3h,C2b 0 0
screening of one or more officially designated scenic views.
c.The proposed action may be visible from publicly accessible vantage points: E3h
i. Seasonally(e.g.,screened by summer foliage,but visible during other seasons) 0 0
ii.Year round 0 0
d.The situation or activity in which viewers are engaged while viewing the proposed E3h
action is:
E2q,
i. Routine travel by residents,including travel to and from work ❑ ❑
ii. Recreational or tourism based activities Elc ❑ ❑
e.The proposed action may cause a diminishment of the public enjoyment and E3h 0 ❑
appreciation of the designated aesthetic resource.
f. There are similar projects visible within the following distance of the proposed Dl a,Ela, ❑ 0
project: D 1 f,Dig
0-1/2 mile
%:-3 mile
3-5 mile
5+ mile
g.Other impacts: 0 0
10. Impact on Historic and Archeological Resources
The proposed action may occur in or adjacent to a historic or archaeological ONO DYES
resource. (Part 1. E.3.e, f. and g.)
If"Yes", answer questions a-e. If"No", go to Section 11.
Relevant' No,or Moderate
Part I small to large
Question(s) impact impact may
may occur occur
a.The proposed action may occur wholly or partially within,or substantially contiguous E3e ❑ 0
to,any buildings,archaeological site or district which is listed on or has been
nominated by the NYS Board of Historic Preservation for inclusion on the State or
National Register of Historic Places.
b.The proposed action may occur wholly or partially within,or substantially contiguous E3f ❑ 0
to,an area designated as sensitive for archaeological sites on the NY State Historic
Preservation Office(SHPO)archaeological site inventory.
c.The proposed action may occur wholly or partially within,or substantially contiguous E3g ❑ ❑
to,an archaeological site not included on the NY SHPO inventory.
Source:
Page 6 of 10
d.Other impacts: 0 ❑
If any of the above(a-d)are answered"Moderate to large impact may
e. occur",continue with the following questions to help support conclusions in Part 3:
i. The proposed action may result in the destruction or alteration of all or part E3e,E3g, 0 0
of the site or property. E3f
ii. The proposed action may result in the alteration of the property's setting or E3e,E3f, 0 ❑
integrity. E3g,Ela,
Elb
iii. The proposed action may result in the introduction of visual elements which E3e,E3f, 0 0
are out of character with the site or property,or may alter its setting. E3g,E3h,
C2,C3
11. Impact on Open Space and Recreation
The proposed action may result in a loss of recreational opportunities or a FIND nYES
reduction of an open space resource as designated in any adopted
municipal open space plan.
(See Part 1. C.2.c, E.1.c.,E.2.q.)
If"Yes", answer questions a-e. If"No", go to Section 12.
Relevant No,or Moderate
Part I small to large
Question(s) impact impact may
may occur occur
a.The proposed action may result in an impairment of natural functions,or"ecosystem D2e,El b ❑ 0
services",provided by an undeveloped area, including but not limited to stormwater E2h,
storage,nutrient cycling,wildlife habitat. E2m,E2o,
E2n,E2p
b.The proposed action may result in the loss of a current or future recreational resource. C2a,Elc, ❑ ❑
C2c,E2q
c.The proposed action may eliminate open space or recreational resource in an area C2a,C2c ❑ ❑
with few such resources. Elc,E2q
d.The proposed action may result in loss of an area now used informally by the C2c,Elc ❑ ❑
community as an open space resource.
e. Other impacts: ❑ ❑
12. Impact on Critical Environmental Areas
The proposed action may be located within or adjacent to a critical NO YES
environmental area(CEA). (See Part 1. E.3.d)
If"Yes", answer questions a-c. If"No", go to Section 13.
Relevant No,or Moderate
Part I small to large
Question(s) impact impact may
may occur occur
a.The proposed action may result in a reduction in the quantity of the resource or E3d ❑ ❑
characteristic which was the basis for designation of the CEA.
b.The proposed action may result in a reduction in the quality of the resource or E3d ❑ ❑
characteristic which was the basis for designation of the CEA.
c.Other impacts: ❑ ❑
Page 7 of 10
13. Impact on Transportation
The proposed action may result in a change to existing transportation systems. ONO ❑YES
(See Part I. D.2 j)
If"Yes", answer questions a-f. If"No", go to Section 14.
Relevant No,or Moderate
Part I small to large
Question(s) impact impact may
may occur occur
a.Projected traffic increase may exceed capacity of existing road network. D2j 0 0
b.The proposed action may result in the construction of paved parking area for 500 or D2j 0 0
more vehicles.
c.The proposed action will degrade existing transit access. D2j ❑ ❑
d.The proposed action will degrade existing pedestrian or bicycle accommodations. D2j 0 0
e.The proposed action may alter the present pattern of movement of people or goods. D2j 0 0
f. Other impacts: ❑ ❑
14. Impact on Energy
The proposed action may cause an increase in the use of any form of energy. ONO OYES
(See Part 1.D.2.k)
If"Yes", answer questions a-e. If"No", go to Section 15.
Relevant No,or Moderate
Part I small to large
Question(s) impact impact may
may occur occur
a.The proposed action will require a new,or an upgrade to an existing,substation. D2k ❑ 0
b.The proposed action will require the creation or extension of an energy transmission DI f, 0 0
or supply system to serve more than 50 single or two-family residences or to serve a Dlq,D2k
commercial or industrial use.
c.The proposed action may utilize more than 2,500 MWhrs per year of electricity. D2k 0 0
d.The proposed action may involve heating and/or cooling of more than 100,000 square DIg ❑ 0
feet of building area when completed.
e.Other Impacts: • ❑ ❑
15. Impact on Noise, Odor,and Light
The proposed action may result in an increase in noise, odors,or outdoor lighting. nNO DYES
(See Part I. D.2.m.,n.,and o.)
If"Yes", answer questions a-f. If"No",go to Section 16.
Relevant No,or Moderate
Part I small to large
Question(s) impact impact may
may occur occur
a.The proposed action may produce sound above noise levels established by local D2m 0 0
regulation.
b.The proposed action may result in blasting within 1,500 feet of any residence, D2m,Eld 0 0
hospital,school,licensed day care center,or nursing home.
c.The proposed action may result in routine odors for more than one hour per day. D2o 0 0
Page 8 of 10
a
d.The proposed action may result in light shining onto adjoining properties. D2n 0 • 0
e.The proposed action may result in lighting creating sky-glow brighter than existing D2n,Ela 0 0
area conditions.
f.Other impacts: ❑ 0
16. Impact on Human Health
The proposed action may have an impact on human health from exposure ❑NO ❑YES
to new or existing sources of contaminants. (See Part I.D.2.q.,E.1. d. f. g.and h.)
If"Yes", answer questions a-m. If"No", go to Section 17.
Relevant No,or Moderate
Part I small to large
Question(s) impact impact may
may cccur occur
a.The proposed action is located within 1500 feet of a school,hospital,licensed day El d 0 0
care center,group home,nursing home or retirement community.
b.The site of the proposed action is currently undergoing remediation. Elg,Elh 0 0
c.There is a completed emergency spill remediation,or a completed environmental site Elg,Elh ❑ 0
remediation on,or adjacent to,the site of the proposed action.
d.The site of the action is subject to an institutional control limiting the use of the Elg,Elh 0 0
property(e.g.,easement or deed restriction).
e.The proposed action may affect institutional control measures that were put in place Elg,Elh ❑ ❑
to ensure that the site remains protective of the environment and human health.
f.The proposed action has adequate control measures in place to ensure that future D2t 0 0
generation,treatment and/or disposal of hazardous wastes will be protective of the
environment and human health.
g.The proposed action involves construction or modification of a solid waste D2q,Elf 0 0
management facility.
h.The proposed action may result in the unearthing of solid or hazardous waste. D2q,Elf 0 ❑
i.The proposed action may result in an increase in the rate of disposal,or processing,of D2r,D2s 0 0
solid waste.
j.The proposed action may result in excavation or other disturbance within 2000 feet of Elf,Elg 0 0
a site used for the disposal of solid or hazardous waste. Elh
k.The proposed action may result in the migration of explosive gases from a landfill Elf,Elg ❑ ❑
site to adjacent off site structures.
I.The proposed action may result in the release of contaminated leachate from the D2s,Elf, 0 ❑
project site. D2r
m.Other impacts: 0 0
Page 9 of 10
•
17. Consistency with Community Plans
The proposed action is not consistent with adopted land use plans. ENO OYES
(See Part 1. C.1,C.2. and C.3.)
If"Yes", answer questions_a-h. If"No", g o to Section 18.
Relevant No,or Moderate
Part I small to large
Question(s) impact impact may
may occur occur
a.The proposed action's land use components may be different from,or in sharp C2,C3,Dla 0 0
contrast to,current surrounding land use pattem(s). Ela,Elb
b.The proposed action will cause the permanent population of the city,town or village C2 0 ❑
_ in which the project is located to grow by more than 5%.
c.The proposed action is inconsistent with local land use plans or zoning regulations. C2,C2,C3 0 ❑
d.The proposed action is inconsistent with any County plans,or other regional land use C2,C2 0 ❑
plans.
e.The proposed action may cause a change in the density of development that is not C3,Dlc, 0 0
supported by existing infrastructure or is distant from existing infrastructure. Dld,Dlf,
Did,Elb
f.The proposed action is located in an area characterized by low density development C4,D2c,D2d 0 0
that will require new or expanded public infrastructure. D2j
g.The proposed action may induce secondary development impacts(e.g.,residential or C2a 0 ❑
commercial development not included in the proposed action)
h.Other: ❑ ❑
18. Consistency with Community Character
The proposed project is inconsistent with the existing community character. ONO OYES
(See Part I. C.2,C.3, D.2,E.3)
If"Yes", answer questions a-g. If"No", proceed to Part 3.
Relevant No,or Moderate
Part I small to large
Question(s) impact impact may
may occur occur •
a.The proposed action may replace or eliminate existing facilities,structures,or areas E3e,E3f,E3g 0 0
of historic importance to the community.
b.The proposed action may create a demand for additional community services(e.g. C4 0 ❑
schools,police and fire)
c.The proposed action may displace affordable or low-income housing in an area where C2,C3,D if 0 0
there is a shortage of such housing. Dig,Ela
d.The proposed action may interfere with the use or enjoyment of officially recognized C2,E3 ❑ 0
or designated public resources.
e.The proposed action is inconsistent with the predominant architectural scale and C2,C3 0 0
character.
f.Proposed action is inconsistent with the character of the existing natural landscape. C2,C3 ❑ 0
Ela,Elb
E2g,E2h
g.Other impacts: 0 0
PRINT FULL FORM Page 10 of 10
Agency Use Only [IfAppliable]
Project:
Date:
Full Environmental Assessment Form
Part 3-Evaluation of the Magnitude and Importance of Project Impacts
and
Determination of Significance
Part 3 provides the reasons in support of the determination of significance. The lead agency must complete Part 3 for every question
in Part 2 where the impact has been identified as potentially moderate to large or where there is a need to explain why a particular
element of the proposed action will not,or may,result in a significant adverse environmental impact.
Based on the analysis in Part 3,the lead agency must decide whether to require an environmental impact statement to further assess
the proposed action or whether available information is sufficient for the lead agency to conclude that the proposed action will not
have a significant adverse environmental impact. By completing the certification on the next page,the lead agency can complete its
determination of significance.
Reasons Supporting This Determination:
To complete this section:
• Identify the impact based on the Part 2 responses and describe its magnitude. Magnitude considers factors such as severity,
size or extent of an impact.
• Assess the importance of the impact. Importance relates to the geographic scope,duration,probability of the impact
occurring,number of people affected by the impact and any additional environmental consequences if the impact were to
occur.
• The assessment should take into consideration any design element or project changes.
• Repeat this process for each Part 2 question where the impact has been identified as potentially moderate to large or where
there is a need to explain why a particular element of the proposed action will not,or may,result in a significant adverse
environmental impact.
• Provide the reason(s)why the impact may,or will not,result in a significant adverse environmental impact
• For Conditional Negative Declarations identify the specific condition(s)imposed that will modify the proposed action so that
no significant adverse environmental impacts will result.
• Attach additional sheets,as needed.
Determination of Significance-Type 1 and Unlisted Actions
SEQR Status: ❑Type I n Unlisted
Identify portions of EAF completed for this Project: ❑Part 1 ❑Part 2 ❑Part 3
a
Upon review of the information recorded on this EAF,as noted,plus this additional support information
and considering both the magnitude and importance of each identified potential impact, it is the conclusion of the
Town Board of the Town of Queensbury as lead agency that:
❑ A. 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.
❑ B. Although this project could have a significant adverse impact on the environment,that impact will be avoided or
substantially mitigated because of the following conditions which will be required by the lead agency:
There will,therefore,be no significant adverse impacts from the project as conditioned,and,therefore,this conditioned negative
declaration is issued. A conditioned negative declaration may be used only for UNLISTED actions(see 6 NYCRR 6I7.d).
❑ C. This Project may result in one or more significant adverse impacts on the environment,and an environmental impact
statement must be prepared to further assess the impact(s)and possible mitigation and to explore alternatives to avoid or reduce those
impacts. Accordingly,this positive declaration is issued.
Name of Action:
Name of Lead Agency:Town Board of the Town of Queensbury
Name of Responsible Officer in Lead Agency: John Strough
Title of Responsible Officer: Town Supervisor
Signature of Responsible Officer in Lead Agency: Date:
Signature of Preparer(if different from Responsible Officer) Date:
For Further Information:
Contact Person: Craig Brown
Address:742 Bay Road,Queensbury,NY 12804
Telephone Number:518-761-8218
E-mail:craigb@queensbury.net
For Type 1 Actions and Conditioned Negative Declarations,a copy of this Notice is sent to:
Chief Executive Officer of the political subdivision in which the action will be principally located(e.g.,Town/City/Village of)
Other involved agencies(if any)
Applicant(if any)
Environmental Notice Bulletin: http://www.dec.ny.gov/enb/enb.html
PRINT FULL FORM Page 2 of 2