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2.1 2.1 LOCAL LAWS\Enactment\Chapter 179—Waterfront Residential Zoning Changes—5-6-19 RESOLUTION ADOPTING SEQRA NEGATIVE DECLARATION AND ENACTING LOCAL LAW NO.: OF 2019 TO AMEND QUEENSBURY TOWN CODE TO MAKE CERTAIN CHANGES TO WATERFRONT RESIDENTIAL ZONES TO BETTER PROTECT TOWN WATERBODIES RESOLUTION NO. ,2019 INTRODUCED BY: WHO MOVED ITS ADOPTION SECONDED BY: WHEREAS, the Queensbury Town Board wishes to consider adoption of Local Law No.: of 2019 to amend its Zoning Law to make certain changes to its waterfront residential zones in an effort to improve its land management practices to better protect the Town's waterbodies and water quality, and WHEREAS, before the Town Board may amend its Zoning Law, 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 Local Law amendments and obtain a recommendation from the Warren County Planning Department before enacting the legislation, and WHEREAS, in accordance with General Municipal Law §239-m, the Town duly referred the proposed Local Law to the Warren County Planning Department which by Project Review and Referral Form dated April 30, 2019 found that the Project would not create any significant intermunicipal or countywide impacts to the items identified in General Municipal Law§239, and WHEREAS, the Town must also obtain approval of the Adirondack Park Agency (APA) for the proposed Zoning Law amendments prior to adoption,and WHEREAS, the Town of Queensbury 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, by letter dated April 25, 2019, the APA advised that it reviewed and applauded the Town's proposed revised Zoning Law amendments, with the exception of a minor language change the APA requested pertaining to vegetative cutting restrictions, and WHEREAS, the Town Board concurs with the APA's proposed minor language change related to vegetative cutting restrictions and it has been accordingly incorporated into the proposed amendments, and WHEREAS, by letter dated May 3, 2019, the APA advised that it accordingly approved the proposed revised Zoning Law amendments, and WHEREAS, the Town Board duly conducted a Public Hearing on Monday, May 6th, 2019 concerning proposed Local Law No. of 2019, heard all interested parties and closed the Public Hearing, and WHEREAS, the Town Board, as Lead Agency for the environmental review required under the State Environmental Quality Review Act (SEQRA), has reviewed a Full Environmental Assessment Form to analyze potential environmental impacts of proposed Local Law No.: of 2019 and found that no significant adverse environmental impacts are expected to result, and WHEREAS, the Town Board has considered the conditions and circumstances and wishes 2 to consider adoption of Local Law No.:_of 2019 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 approves and adopts Local Law No.: of 2019 —A Local Law to Amend Chapter 179 "Zoning" of Queensbury Town Code to Make Certain Changes to Waterfront Residential Zones to Better Protect Town Waterbodies in substantially the form presented at this meeting, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Queensbury Town Clerk to submit approved Local Law No. of 2019 to the New York State Secretary of State for filing, in accordance with the provisions of the Municipal Home Rule Law, and acknowledges that the Local Law will take effect immediately upon filing by the Secretary of State,and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Town Clerk to send a copy of this Resolution and a copy of approved Local Law No.: of 2019 to the Town Planning Board, Town Zoning Board of Appeals, Town Zoning Administrator and Warren County Planning 3 Department in accordance with §179-15-080(D)of the Town Zoning Law, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Clerk, Town Zoning Administrator and/or Town Counsel to take any other actions necessary to effectuate the intent and provisions of this Resolution. Duly adopted this 6th day of May, 2019, by the following vote: AYES : NOES : ABSENT : 4 Chapter 179—Zoning—Waterfront Residential Changes—5-6-19 LOCAL LAW NO.: OF 2019 A LOCAL LAW TO AMEND CHAPTER 179 "ZONING" OF QUEENSBURY TOWN CODE TO MAKE CERTAIN CHANGES TO WATERFRONT RESIDENTIAL ZONES TO BETTER PROTECT TOWN WATERBODIES BE IT ENACTED BY THE TOWN BOARD OF THE TOWN OF QUEENSBURY AS FOLLOWS: Section 1. Intent; Authority—The Town Board wishes to amend its Zoning Code in an effort to improve its land management practices to better protect the Town's waterbodies and water quality. This Local Law is adopted in accordance with New York State Municipal Home Rule Law. Section 2. Amendment of Zoning Law — Chapter 179 of the Queensbury Town Code entitled, "Zoning" and known as the "Town of Queensbury Zoning Law" is hereby amended as follows: A. Section 179-2-010 entitled, "Definitions and word usage" is amended as follows: MARINA, CLASS B—As defined in the regulations of the Lake George Park Commission, and subject to amendment by the Lake George Park Commission from time to time. As of February 15, 2008, a Class B marina was defined by the Lake George Park Commission as any dock, wharf or mooring made available for use by any person as a berthing place for one motorized vessel or one nonmotorized vessel 18 feet in length or more not registered to the owner of the property, regardless of remuneration or profit, except: (1) The use of residential or association docks, wharfs or moorings by the owner of the Note: Language in bold italics is new language to be added; • facility property, the owner's family or the owner's gratuitous guest, or such use by a person as part of the single-family residential rental of a residence or a residential unit which includes the use of a dock, wharf or mooring; (2) Docks or wharfs used as an accessory use to a hotel, motel, inn, housekeeping cottage, campground or recreational vehicle park, used exclusively by registered guests; (3) Docks, wharfs, and moorings used as an accessory use to a restaurant, used exclusively by patrons while dining at such restaurant; and (4) Docks, wharfs and moorings used exclusively by persons engaged in the sale of fishing products or the sale and service of SCUBA products. B. Section 179-3-040 entitled, "Establishment of zoning districts," Subsection (A)(5)(a) is amended as follows: (5) Waterfront residential. The purpose of the Waterfront Residential (WR) District is to protect the delicate ecological balance of the Town's lakes and the Hudson River as well as to enhance the aesthetics of waterfront areas while providing adequate opportunities for development. This area of the Town is described in the "Neighborhoods" section of the Comprehensive Plan, adopted on August 6, 2007, and formerly consisted of WR-3A and WR-1A Zoning Districts set forth in the Town's 2002 Zoning Law. (a) Uses allowed. This district allows single-family residences, boathouses and hunting and fishing cabins (of less than 500 square feet) as permitted uses (requiring only a zoning permit) and allows and commercial boat sales, servicing and storage uses by special use permit. Class A marinas are permitted by special use permit on all Waterfront Residential properties except for those with shoreline on Glen Lake, Sunnyside Lake and Dream Lake. Class B marinas are permitted on all Waterfront Residential properties. A Note: Language in bold italics is new language to be added; • complete list of uses allowed in this district is set forth on Table 2 of this chapter. C. Section 179-4-010 entitled, "Residential design requirements," is amended to delete Subsection(G)(4)(c)[6] as follows (and accordingly renumber the remaining subsections upon its deletion): r6] With t 5 f t extend; „land fro alt nth at th h h + L J Y I lllllll 1✓ iLZ mark, no vegetation may be removed. This area shall be maintained as an undisturbed natural buffer strip. This distance shall be measured in the following manner: [a] Lake George: perpendicular and horizontal from the mean high water-MarlE-and-inland, [b] Other water bodies: 35 feet perpendicular and horizontal from the shoreline and inland. [Amended 1 28 2011 by L.L. No. 2 2011] D. Section 179-6-050 entitled, "Shoreline regulations," is amended at Subsection (B)(1)(a) and (B)(1)(b) as follows: B. Regulations. In the case of the shorelines of all lakes, ponds, streams, or wetlands and the shoreline of the Hudson River,the following restrictions shall apply: (1) Cutting restrictions. The removal of vegetation, including trees, shall be permitted on shorefront lots,provided that the following standards are met: (a) Within 35 feet extending inland from all points along the mean high-water mark of all lakes and ponds and within 75 feet of all regulated streams, wetlands and rivers, no vegetation may be removed within the first six feet(6')from the shoreline and no woody vegetation greater than one inch (1") in dbh may be removed between the six foot (6') mark and the 35 foot or 75 foot mark Note: Language in bold italics is new language to be added; respectively. This area shall be maintained as an undisturbed natural buffer strip. (b) The general exception to this standard shall be an allowance for lake water access and beaches. The creation of a contiguous clear-cut opening in the buffer strip shall not exceed 30% of the shoreline frontage on any individual lot or a maximum of 75 linear feet, whichever is less. The clearcut shall be sited on the lot (such as angled across the lot) so as to allow for a view and access, but also to reduce runoff. The pathway created shall be constructed or surfaced at a width of no more than 10 feet and in a manner to be effective in controlling erosion. The ground cover planting requirements of 179-8-040, B shall still be applicable in this area. E. Section 179-6-065 entitled, "Construction within a Critical Environmental Area," is hereby added as follows: §179-6-065. Construction within a Critical Environmental Area A. Site plan review required (1) In any Critical Environmental Area, site plan review shall be required for the following: (a) Any construction including new buildings and additions to existing buildings that results in the creation of or increase in floor area. F. Section 179-8-040 entitled, "Shoreline buffers," Subsection B, "Buffer requirements" is amended as follows: § 179-8-040. Shoreline buffers. B. Buffer requirements. Note: Language in bold italics is new language to be added; - - -- - - - - - - - - - - - • (1) Minimum width. Where no vegetative buffer exists, one shall be created with an effective horizontal width measurement from the shoreline as follows: ( if a roadway- private or public - is located within the required buffer area such roadway area shall not be used in the buffer calculation and the remaining, necessary buffer area shall be created on the other side of the roadway) with a width of at least a fifteen foot perpendicular—herizo n emen me shoreline. (a) 20 feet for properties on Glen Lake, Sunnyside Lake, Dream Lake and Round Pond (b) 35 feet for properties on Lake George and the Hudson River and all DEC classified streams and all regulated wetlands Existing buffers are subject to the requirements of§ 179-6-050B. (2) Buffer composition and density. (a) For every 50 linear feet (following the shoreline contour) of shoreline buffer include clearing area.): [1] One large tree, minimum three inch diameter at breast height. {2] One smaller tree or large shrub. (b) For every lot shoreline (following the shoreline contour) or increment less than 50 linear feet(including clearing area): one smaller tree or shrub. altered to accommodate large trees and/or existing vegetation. (d) Use of existing natural vegetation is generally preferred. Note: Language in bold italics is new language to be added; - - -- - - - - - - - - - - (2) Buffer composition and density. (The allowed clearing area provided for in 179-6- 050 shall be included in the density calculation however, such area is exempt from the large tree planting requirement only. All required shrubs and herbaceous plants shall be installed) (a) For every 700 square feet of shoreline buffer: [1J One large tree, minimum three-inch diameter at breast height. (b) For every 350 square feet of ground cover buffer: [1] 7—24"native shrubs from approved species list 179-8-040 C [21 14 herbacious plants from approved species list 179-8-040 C. SECTION 2. Queensbury Town Code Chapter 179, "Zoning," Attachment 2:1 entitled, "Table 2: Summary of Allowed Uses in Residential Districts," is hereby amended to exclude Class A marinas on Glen Lake, Sunnyside Lake and Dream Lake. 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. 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W to C = O fa. 5 N CO CO.0 C '� .� `O o C 'U C '0c "9 !� POen W = N Al c to `d Co CO Q. CD [ :d a -''s . o GI. p) o N O th N May19-04 Warren County Planning Department Project Review and Referral Form Reviewed by Department on April 30, 2019 Project Name: Town of Queensbury • � PM i 2 4S Owner: Town of Queensbury �ry g+ ID Number: QBY-19-LL 'j AsylVa County Project#: May19-04 4pr 't' '� - Q19 IA„ 2079 r CO QUE.,�SBU'Y Current Zoning: � C( R,UEENSB Up,y 113 CLE' 'S OFFIc Community: Queensbury SOFFICF • S st88 L Project Description: Town of Queensbury proposes change to waterfront residential zones to better protect it's water bodies and water quality. Site Location: Tax Map Number(s): Staff Notes: The Warren CountyPlanning Department finds that the project will not create any significantinter-municipal or county-wide impacts to the items identified in GML§239. Local actions to date(if any): County Planning Department: • NCI Local Action:/Final Disposition: 4/30/2019 Warren County Planning Department Date Signed Local Official Date Signed NEW YORK Adirondack STATE OF OPPORTUNITY. Park Agency KAREN FELDMAN TERRY MARTINO Acting Chair Executive Director April 25, 2019 Mr. John Strough III Town of Queensbury Supervisor 742 Bay Rd. Queensbury, NY 12804 Re: Town of Queensbury Proposed Zoning Amendment, Chapter 179 "Zoning" Regarding Requirements in the Waterfront Residential Zones. Dear Supervisor Strough: Thank you for forwarding the Town's proposed amendments to the Town of Queensbury Zoning Law dealing with the Waterfront Residential Districts. The text of the proposed amendments was received by the Agency on April 19, 2019. It is our understanding that a Town public hearing on the proposed amendments is scheduled for May 6, 2019. The Town of Queensbury's vegetative cutting restrictions are in some ways more protective than those provided in Section 806 of the APA Act, and we applaud the Town for this. While almost of all of the language in the proposed amendment meets the criteria for Agency approval, staff have a concern regarding the effect of some of the proposed language in Section 179-6-050(B)(1)(a). Specifically, staff believe that the following underlined language in the proposed amendment to Section 179-6-050(B)(1)(a) would result in restrictions that are less restrictive than the APA-Act's for the area six feet above the mean high water mark (MHWM): (a) Within 35 feet extending inland from all points along the mean high-water mark or shoreline of all lakes and ponds and within 75 feet of all DEC classified streams, regulated wetlands and rivers, no woody vegetation greater than 1 inch in dbh may be removed. This area shall be maintained as an undisturbed natural buffer strip. In contrast to the underlined language, the APA Act's vegetative cutting restrictions apply to the removal of any vegetation, woody or otherwise, in the area extending six feet above the MHWM. Since APA's rules provide that a proposed amendment to a local program must"at a minimum" include the APA Act shoreline vegetative cutting restrictions, staff do not believe that the referenced language in the proposed amendment currently meets the criteria for Agency approval. Agency staff would be happy to meet with the Town or otherwise assist in addressing this concern in a manner that staff can recommend to the Agency Board for approval as part of the proposed amendments. Please do not hesitate to contact Robyn Burgess from the Agency's Local Government Services program for this purpose. Sincerely, Richard Weber Deputy Director, Planning REW:REB:ap cc: Caroline Barber, Town Clerk Craig Brown, Director of Planning, Zoning & Codes Dave Hatin, Code Enforcement Officer Chris Hunsinger, Planning Board Chair Harrison Freer, Zoning Board of Appeals Chair NEW YoRK STATE OF Adirondack -..N nPPUKTUNgY. Park Agency KAREN FELDMAN TERRY MARTINO Acting Chair Executive Director May 3, 2019 Mr. John Strough Ill Town of Queensbury Supervisor 742 Bay Road Queensbury, NY 12804 Re: Town of Queensbury Proposed Zoning Amendment, Chapter 179 "Zoning" Regarding Shoreline Cutting and Waterfront Residential Zones. Dear Supervisor Strough: The Agency has reviewed the proposed amendment to the Town of Queensbury's Agency-approved Local Land Use Program (ALLUP) received on April 17, 2019 and revised on April 26, 2019. This letter serves as documentation that the proposed amendment to the Town of Queensbury Chapter 179 "Zoning" regarding shoreline cutting and the Waterfront Residential Zones is hereby approved by the Adirondack Park Agency pursuant to the terms of the Town's ALLUP. Thank you for the referral of this proposed amendment. Upon adoption of the revised zoning law, please provide the Agency with copies so staff can maintain an up-to-date file of the Town's local laws. Sincerely, , ,Z....-ii-Ty, Richard Weber Acting Executive Director RW:REB:sas Enclosure cc: Caroline Barber, Town Clerk Craig Brown, Director of Planning, Zoning & Codes Dave Hatin, Code Enforcement Officer Chris Hunsinger, Planning Board Chair Harrison Freer, Zoning Board of Appeals Chair • From: Craig Brown To: Burgess.Robyn E.(APA) Subject: Town of Queensbury Date: Friday,April 26,2019 8:37:21 AM Attachments: Oueensburv-AmendmentZoninoShorelineCutting_Letter.Ddf ATTENTION::This email came ram on`externuL•'source Da not open•attnchmerrts,or elf cc nlinks m unknown sendeis;rsrLineat erted emoils} -, Robyn: I received Rich Weber's comment letter(attached for your ready reference)on our proposed changes and would offer the following with my latest proposal in red: (I) Cutting restrictions. The removal of vegetation, including trees, shall be permitted on shorefront lots,provided that the following standards are met: (a) Within 35 feet extending inland from all points along the mean high-water mark of all lakes and pongls and within 75 feet of all regulated streams. wetlands and rivers, no vegetation may be removed within the first 6 feet of the shoreline and no woody vegetation greater than 1 inch in dbh may be removed between the 6 foot mark and the 35 foot mark. This area shall be maintained as an undisturbed natural buffer strip. I have shared this with the Town Board member that chaired the committee for this revision and am waiting to hear back from her. I have a feeling that she will be ok with this so....I'm trying to get ahead of the curve with you to get some initial feedback. We will,of course,formally refer this change to you if it's acceptable with our Town Board but....just trying to see what you might think at the same time. Thanks! Craig Craig Brown Director—Planning/Zoning Town of Queensbury 742 Bay Road Queensbury, NY 12804 (p) 518-761-8218 (f) 518-745-4437 Full Environmental Assessment Form Part 1 -Project and Setting Instructions for Completing Part 1 Part 1 is to be completed by the applicant or project sponsor. Responses become part of the application for approval or funding, are subject to public review,and may be subject to further verification. Complete Part 1 based on information currently available. If additional research or investigation would be needed to fully respond to any item,please answer as thoroughly as possible based on current information;indicate whether missing information does not exist, or is not reasonably available to the sponsor;and,when possible,generally describe work or studies which would be necessary to update or fully develop that information. Applicants/sponsors must complete all items in Sections A&B. In Sections C,D&E,most items contain an initial question that must be answered either"Yes"or"No". If the answer to the initial question is"Yes",complete the sub-questions that follow. If the answer to the initial question is"No",proceed to the next question. Section F allows the project sponsor to identify and attach any additional information. Section G requires the name and signature of the applicant or project sponsor to verify that the information contained in Part lis accurate and complete. A.Project and Applicant/Sponsor Information. Name of Action or Project: Adoption of a Local Law to amend zoning regulations in the Waterfront Residential zoning district Project Location(describe,and attach a general location map): All lands within the Waterfront Residential zoning district in the Town of Queensbury. See attached zoning map. Brief Description of Proposed Action(include purpose or need): Adoption of a local law to make the following changes to land use regulations(Chapter 179 of the Code of the Town of Queensbury)affecting lands in the Waterfront Residential zoning district *Amend the definition of"Marina,Class B." *Specify location and permitting requirements for Class A marinas. Delete Section 179-4-010(G)(4)(c)(6] regarding vegetative buffering requirements. Amend Section 179-6-050 subsections(B)(1)(a)and(B)(1)(b)regarding vegetative buffering requirements. "Add Section 179-6-065 regarding permitting requirements for construction in a Critical Environmental Area. *Amend Section 179-8-040(B)regarding shoreline buffer requirements. Name of Applicant/Sponsor: Telephone:(518)761-8229 Town Board,Town of Queensbury E-Mail: QbySupervisor©queensbury.net Address:742 Bay Road City/PO.Queensbury State:NY Zip Code:12804 Project Contact(if not same as sponsor;give name and title/role): Telephone:same John F.Strough,III-Town Supervisor E-Mail:same Address: same City/PO: State: Zip Code: same same same Property Owner (if not same as sponsor): Telephone: E-Mail: Address: City/PO: State: Zip Code: Page 1 of 13 B.Government Approvals B.Government Approvals,Funding,or Sponsorship. ("Funding"includes grants,loans,tax relief,and any other forms of financial assistance.) Government Entity If Yes:'Identify Agency and Approval(s) Application Date Required (Actual or projected) a.City Counsel,Town Board, ®Yes❑No Town Board;Adoption of a Local Law May 2019 or Village Board of Trustees b.City,Town or Village ❑Yes®No Planning Board or Commission c.City,Town or ❑Yes ION° Village Zoning Board of Appeals d.Other local agencies ❑YesWil\lo e.County agencies ®Yes❑No Warren County Planning Department;GMU 239 May 2019 review f.Regional agencies ElYescilNo g. State agencies ®YYes❑No Adirondack Park Agency;approval May 2019 h.Federal agencies ❑Yes®No i. Coastal Resources. i. Is the project site within a Coastal Area,or the waterfront area of a Designated Inland Waterway? ®Yes❑No ii. Is the project site located in a community with an approved Local Waterfront Revitalization Program? ❑Yes®No iii. Is the project site within a Coastal Erosion Hazard Area? ❑Yes®No C.Planning and Zoning C.l.Planning and zoning actions. Will administrative or legislative adoption,or amendment of a plan,local law,ordinance,rule or regulation be the ®Yes❑No only approval(s)which must be granted to enable the proposed action to proceed? • If No,proceed to question C.2 and complete all remaining sections and questions in Part 1 C.2.Adopted land use plans. a.Do any municipally-adopted (city,town,village or county)comprehensive land use plan(s)include the site ®Yes❑No where the proposed action would be located? If Yes,does the comprehensive plan include specific recommendations for the site where the proposed action ®Yes❑No would be located? b.Is the site of the proposed action within any local or regional special planning district(for example:Greenway; ❑Yes®No Brownfield Opportunity Area(BOA);designated State or Federal heritage area;watershed management plan; or other?) If Yes,identify the plan(s): Note: There is no Waterfront Residential zoning district land in the South Queensbury BOA, c. Is the proposed action located wholly or partially within an area listed in an adopted municipal open space plan, ®Yes❑No or an adopted municipal farmland protection plan? If Yes,identify the plan(s): 2003 Town of Queensbury Open Space Vision Page 2 of 13 C.3. Zoning a. Is the site of the proposed action located in a municipality with an adopted zoning law or ordinance. ®Yes❑No If Yes,what is the zoning classification(s)including any applicable overlay district? Proposed Local Law affects the Waterfront Residential Zoning District only. b. Is the use permitted or allowed by a special or conditional use permit? N/A ❑Yes❑No c.Is a zoning change requested as part of the proposed action? ®Yes❑No If Yes, i. What is the proposed new zoning for the site? Changes do not change zoning district designations;only amend regulatory requirements C.4.Existing community services. a.In what school district is the project site located? Queensbury,Lake George and Glens Falls school districts b.What police or other public protection forces serve the project site? NYS State Police,Warren County Sheriffs Department c.Which fire protection and emergency medical services serve the project site? North Queensbury fire&EMS,Bay Ridge fire&EMS,Queensbury Central fire,South Queensbury fire, and West Glens Falls fire&EMS d.What parks serve the project site? All town,county and NYS park facilities D.Project Details D.1.Proposed and Potential Development a.What is the general nature of the proposed action(e.g.,residential,industrial,commercial,recreational;if mixed,include all components)? b.a.Total acreage of the site of the proposed action? acres b.Total acreage to be physically disturbed? acres c.Total acreage(project site and any contiguous properties)owned or controlled by the applicant or project sponsor? acres c.Is the proposed action an expansion of an existing project or use? ❑Yes❑No i. If Yes,what is the approximate percentage of the proposed expansion and identify the units(e.g.,acres,miles,housing units, square feet)? % Units: d.Is the proposed action a subdivision,or does it include a subdivision? ❑Yes❑No If Yes, i. Purpose or type of subdivision?(e.g.,residential,industrial,commercial;if mixed,'specify types) ii. Is a cluster/conservation layout proposed? ❑Yes❑No iii. Number of lots proposed? iv. Minimum and maximum proposed lot sizes? Minimum Maximum e.Will the proposed action be constructed in multiple phases? ❑Yes❑No i. If No,anticipated period of construction: months ii. If Yes: • Total number of phases anticipated • Anticipated commencement date of phase 1(including demolition) month year • Anticipated completion date of final phase month year • Generally describe connections or relationships among phases,including any contingencies where progress of one phase may determine timing or duration of future phases: Page 3 of 13 f.Does the project include new residential uses? ❑Yes❑No If Yes,show numbers of units proposed. One Family Two Family Three Family Multiple Family(four or more) Initial Phase At completion of all phases g.Does the proposed action include new non-residential construction(including expansions)? ❑Yes❑No If Yes, i.Total number of structures ii. Dimensions(in feet)of largest proposed structure: height; width; and length iii. Approximate extent of building space to be heated or cooled: square feet h.Does the proposed action include construction or other activities that will result in the impoundment of any ❑Yes❑No liquids,such as creation of a water supply,reservoir,pond,lake,waste lagoon or other storage? If Yes, i. Purpose of the impoundment: ii. If a water impoundment,the principal source of the water: ❑Ground water❑Surface water streams ❑Other specify: iii. If other than water,identify the type of impounded/contained liquids and their source. iv. Approximate size of the proposed impoundment. Volume: million gallons;surface area: acres v. Dimensions of the proposed dam or impounding structure: height; length vi. Construction method/materials for the proposed dam or impounding structure(e.g.,earth fill,rock,wood,concrete): D.2. Project Operations a.Does the proposed action include any excavation,mining,or dredging,during construction,operations,or both? ❑Yes❑No (Not including general site preparation,grading or installation of utilities or foundations where all excavated materials will remain onsite) If Yes: i.What is the purpose of the excavation or dredging? ii. How much material(including rock,earth,sediments,etc.)is proposed to be removed from the site? • Volume(specify tons or cubic yards): • Over what duration of time? iii. Describe nature and characteristics of materials to be excavated or dredged,and plans to use,manage or dispose of them. iv. Will there be onsite dewatering or processing of excavated materials? ❑Yes❑No If yes,describe. v. What is the total area to be dredged or excavated? acres vi. What is the maximum area to be worked at any one time? acres vii. What would be the maximum depth of excavation or dredging? feet viii. Will the excavation require blasting? ❑Yes❑No ix. Summarize site reclamation goals and plan: b.Would the proposed action cause or result in alteration of,increase or decrease in size of,or encroachment ❑Yes❑No into any existing wetland,waterbody,shoreline,beach or adjacent area? If Yes: i. Identify the wetland or waterbody which would be affected(by name,water index number,wetland map number or geographic description): Page 4 of 13 ii. Describe how the proposed action would affect that waterbody or wetland,e.g.excavation,fill,placement of structures,or alteration of channels,banks and shorelines. Indicate extent of activities,alterations and additions in square feet or acres: iii.Will the proposed action cause or result in disturbance to bottom sediments? ❑Yes❑N° If Yes,describe: iv. Will the proposed action cause or result in the destruction or removal of aquatic vegetation? ❑YesDNo If Yes: • acres of aquatic vegetation proposed to be removed: • expected acreage of aquatic vegetation remaining after project completion: • purpose of proposed removal(e.g.beach clearing,invasive species control,boat access): • proposed method of plant removal: • if chemical/herbicide treatment will be used,specify product(s): v. Describe any proposed reclamation/mitigation following disturbance: c.Will the proposed action use,or create a new demand for water? Dyes ONo If Yes: i. Total anticipated water usage/demand per day: gallons/day ii. Will the proposed action obtain water from an existing public water supply? DYes['No If Yes: • Name of district or service area: • Does the existing public water supply have capacity to serve the proposal? ❑YesD No • Is the project site in the existing district? ❑Yes❑No • Is expansion of the district needed? ❑Yes❑No • Do existing lines serve the project site? ❑Yes❑No iii. Will line extension within an existing district be necessary to supply the project? ❑Yes ON° If Yes: • Describe extensions or capacity expansions proposed to serve this project: • Source(s)of supply for the district: iv. Is a new water supply district or service area proposed to be formed to serve the project site? ❑ Yes❑No If,Yes: • Applicant/sponsor for new district: • Date application submitted or anticipated: • Proposed source(s)of supply for new district: v. If a public water supply will not be used,describe plans to provide water supply for the project: vi.If water supply will be from wells(public or private),what is the maximum pumping capacity: gallons/minute. d.Will the proposed action generate liquid wastes? ❑Yes❑No If Yes: i. Total anticipated liquid waste generation per day: gallons/day ii.Nature of liquid wastes to be generated(e.g.,sanitary wastewater,industrial;if combination,describe all components and approximate volumes or proportions of each): iii. Will the proposed action use any existing public wastewater treatment facilities? ❑Yes❑N° If Yes: • Name of wastewater treatment plant to be used: • Name of district: • Does the existing wastewater treatment plant have capacity to serve the project? El Yes❑No • Is the project site in the existing district? ❑Yes❑No • Is expansion of the district needed? ❑Yes❑No Page 5 of 13 • Do existing sewer lines serve the project site? ❑Yes❑No • Will a line extension within an existing district be necessary to serve the project? ❑Yes❑No If Yes: • Describe extensions or capacity expansions proposed to serve this project: iv. Will a new wastewater(sewage)treatment district be formed to serve the project site? ❑Yes❑No If Yes: • Applicant/sponsor for new district: • Date application submitted or anticipated: • What is the receiving water for the wastewater discharge? v. If public facilities will not be used,describe plans to provide wastewater treatment for the project,including specifying proposed receiving water(name and classification if surface discharge or describe subsurface disposal plans): vi. Describe any plans or designs to capture,recycle or reuse liquid waste: e.Will the proposed action disturb more than one acre and create stormwater runoff,either from new point ❑Yes❑No sources(i.e.ditches,pipes,swales,curbs,gutters or other concentrated flows of stormwater)or non-point source(i.e.sheet flow)during construction or post construction? If Yes: i. How much impervious surface will the project create in relation to total size of project parcel? Square feet or acres(impervious surface) Square feet or acres(parcel size) ii. Describe types of new point sources. iii. Where will the stormwater runoff be directed(i.e.on-site stormwater management facility/structures,adjacent properties, groundwater,on-site surface water or off-site surface waters)? • If to surface waters,identify receiving water bodies or wetlands: • Will stormwater runoff flow to adjacent properties? ❑Yes❑No iv. Does the proposed plan minimize impervious surfaces,use pervious materials or collect and re-use stormwater? ❑Yes❑No f. Does the proposed action include,or will it use on-site,one or more sources of air emissions,including fuel ❑Yes❑No combustion,waste incineration,or other processes or operations? If Yes,identify: i.Mobile sources during project operations(e.g.,heavy equipment,fleet or delivery vehicles) ii. Stationary sources during construction(e.g.,power generation,structural heating,batch plant,crushers) iii. Stationary sources during operations(e.g.,process emissions,large boilers,electric generation) g.Will any air emission sources named in D.2.f(above),require a NY State Air Registration,Air Facility Permit, ❑Yes❑No or Federal Clean Air Act Title IV or Title V Permit? If Yes: i. Is the project site located in an Air quality non-attainment area? (Area routinely or periodically fails to meet ❑Yes❑No ambient air quality standards for all or some parts of the year) ii. In addition to emissions as calculated in the application,the project will generate: • Tons/year(short tons)of Carbon Dioxide(CO2) • Tons/year(short tons)of Nitrous Oxide(N20) • Tons/year(short tons)of Perfluorocarbons(PFCs) • Tons/year(short tons)of Sulfur Hexafluoride(SF6) • Tons/year(short tons)of Carbon Dioxide equivalent of Hydroflourocarbons(HFCs) • Tons/year(short tons)of Hazardous Air Pollutants(HAPs) Page 6 of 13 h.Will the proposed action generate or emit methane(including,but not limited to,sewage treatment plants, ❑Yes❑No landfills,composting facilities)? If Yes: i. Estimate methane generation in tons/year(metric): ii.Describe any methane capture,control or elimination measures included in project design(e.g.,combustion to generate heat or electricity,flaring): i. Will the proposed action result in the release of air pollutants from open-air operations or processes,such as ❑Yes❑No quarry or landfill operations? If Yes:Describe operations and nature of emissions(e.g.,diesel exhaust,rock particulates/dust): j.Will the proposed action result in a substantial increase in traffic above present levels or generate substantial ❑Yes❑No new demand for transportation facilities or services? If Yes: i. When is the peak traffic expected(Check all that apply): 0 Morning 0 Evening ❑Weekend ❑Randomly between hours of to ii. For commercial activities only,projected number of truck trips/day and type(e.g.,semi trailers and dump trucks): iii. Parking spaces: Existing Proposed Net increase/decrease iv. Does the proposed action include any shared use parking? ❑Yes❑No v. If the proposed action includes any modification of existing roads,creation of new roads or change in existing access,describe: vi. Are public/private transportation service(s)or facilities available within'/mile of the proposed site? ❑Yes❑No vii Will the proposed action include access to public transportation or accommodations for use of hybrid,electric ❑Yes❑No or other alternative fueled vehicles? viii.Will the proposed action include plans for pedestrian or bicycle accommodations for connections to existing ❑Yes❑No pedestrian or bicycle routes? k.Will the proposed action(for commercial or industrial projects only)generate new or additional demand ❑Yes❑No for energy? If Yes: i. Estimate annual electricity demand during operation of the proposed action: ii. Anticipated sources/suppliers of electricity for the project(e.g.,on-site combustion,on-site renewable,via grid/local utility,or other): iii. Will the proposed action require a new,or an upgrade,to an existing substation? ❑Yes❑No I.Hours of operation. Answer all items which apply. i. During Construction: ii. During Operations: • Monday-Friday: • Monday-Friday: • Saturday: • Saturday: • Sunday: • Sunday: • Holidays: • Holidays: Page 7 of 13 m.Will the proposed action produce noise that will exceed existing ambient noise levels during construction, ❑Yes❑No operation,or both? If yes: i. Provide details including sources,time of day and duration: ii. Will the proposed action remove existing natural barriers that could act as a noise barrier or screen? ❑Yes❑No Describe: n.Will the proposed action have outdoor lighting? ❑Yes❑No If yes: i. Describe source(s),location(s),height of fixture(s),direction/aim,and proximity to nearest occupied structures: ii. Will proposed action remove existing natural barriers that could act as a light barrier or screen? ❑Yes❑No Describe: o. Does the proposed action have the potential to produce odors for more than one hour per day? ❑Yes❑No If Yes,describe possible sources,potential frequency and duration of odor emissions,and proximity to nearest occupied structures: p.Will the proposed action include any bulk storage of petroleum(combined capacity of over 1,100 gallons) ❑Yes❑No or chemical products 185 gallons in above ground storage or any amount in underground storage? If Yes: i. Product(s)to be stored ii. Volume(s) per unit time (e.g.,month,year) iii. Generally,describe the proposed storage facilities: q.Will the proposed action(commercial,industrial and recreational projects only)use pesticides(i.e.,herbicides, ❑Yes ❑No insecticides)during construction or operation? If Yes: i. Describe proposed treatment(s): ii. Will the proposed action use Integrated Pest Management Practices? ❑ Yes ❑No r.Will the proposed action(commercial or industrial projects only)involve or require the management or disposal ❑ Yes ❑No of solid waste(excluding hazardous materials)? If Yes: i. Describe any solid waste(s)to be generated during construction or operation of the facility: • Construction: tons per (unit of time) • Operation: tons per (unit of time) ii. Describe any proposals for on-site minimization,recycling or reuse of materials to avoid disposal as solid waste: • Construction: • Operation: iii. Proposed disposal methods/facilities for solid waste generated on-site: • Construction: • Operation: Page 8 of 13 s.Does the proposed action include construction or modification of a solid waste management facility? ❑Yes❑ No If Yes: i. Type of management or handling of waste proposed for the site(e.g.,recycling or transfer station,composting,landfill,or other disposal activities): ii. Anticipated rate of disposal/processing: • Tons/month,if transfer or other non-combustion/thermal treatment,or • Tons/hour,if combustion or thermal treatment iii. If landfill,anticipated site life: years t.Will the proposed action at the site involve the commercial generation,treatment,storage,or disposal of hazardous❑Yes❑No waste? If Yes: i. Name(s)of all hazardous wastes or constituents to be generated,handled or managed at facility: ii. Generally describe processes or activities involving hazardous wastes or constituents: iii.Specify amount to be handled or generated tons/month iv. Describe any proposals for on-site minimization,recycling or reuse of hazardous constituents: v. Will any hazardous wastes be disposed at an existing offsite hazardous waste facility? ❑Yes❑No If Yes:provide name and location of facility: If No:describe proposed management of any hazardous wastes which will not be sent to a hazardous waste facility: E.Site and Setting of Proposed Action E.1.Land uses on and surrounding the project site a.Existing land uses. i. Check all uses that occur on,adjoining and near the project site. ❑ Urban ❑ Industrial 0 Commercial ❑ Residential(suburban) 0 Rural(non-farm) ❑ Forest ❑ Agriculture 0 Aquatic ❑ Other(specify): ii. If mix of uses,generally describe: b.Land uses and covertypes on the project site. Land use or Current Acreage After Change Covertype Acreage Project Completion (Acres+/-) • Roads,buildings,and other paved or impervious surfaces • Forested • Meadows,grasslands or brushlands(non- agricultural,including abandoned agricultural) • Agricultural (includes active orchards,field,greenhouse etc.) • Surface water features (lakes,ponds,streams,rivers,etc.) • Wetlands(freshwater or tidal) • Non-vegetated(bare rock,earth or fill) • Other Describe: Page 9 of 13 c.Is the project site presently used by members of the community for public recreation? ❑Yes❑No i. If Yes:explain: d.Are there any facilities serving children,the elderly,people with disabilities(e.g.,schools,hospitals,licensed ❑Yes❑No day care centers,or group homes)within 1500 feet of the project site? If Yes, i. Identify Facilities: e.Does the project site contain an existing dam? ❑Yes❑No If Yes: i. Dimensions of the dam and impoundment: • Dam height: feet • Dam length: feet • Surface area: - acres • Volume impounded: gallons OR acre-feet ii. Dam's existing hazard classification: iii. Provide date and summarize results of last inspection: f.Has the project site ever been used as a municipal,commercial or industrial solid waste management facility, ❑Yes❑No or does the project site adjoin property which is now,or was at one time,used as a solid waste management facility? If Yes: i. Has the facility been formally closed? ❑Yes❑ No • If yes,cite sources/documentation: ii. Describe the location of the project site relative to the boundaries of the solid waste management facility: iii. Describe any development constraints due to the prior solid waste activities: g.Have hazardous wastes been generated,treated and/or disposed of at the site,or does the project site adjoin ❑Yes❑No property which is now or was at one time used to commercially treat,store and/or dispose of hazardous waste? If Yes: i. Describe waste(s)handled and waste management activities,including approximate time when activities occurred: h. Potential contamination history. Has there been a reported spill at the proposed project site,or have any ❑Yes❑ No remedial actions been conducted at or adjacent to the proposed site? If Yes: i. Is any portion of the site listed on the NYSDEC Spills Incidents database or Environmental Site ❑Yes❑No Remediation database? Check all that apply: ❑ Yes—Spills Incidents database Provide DEC ID number(s): ❑ Yes—Environmental Site Remediation database Provide DEC ID number(s): ❑ Neither database ii. If site has been subject of RCRA corrective activities,describe control measures: iii. Is the project within 2000 feet of any site in the NYSDEC Environmental Site Remediation database? ❑Yes❑No If yes,provide DEC ID number(s): iv. If yes to(i),(ii)or(iii)above,describe current status of site(s): Page 10 of 13 v. Is the project site subject to an institutional control limiting property uses? ❑Yes❑No • If yes,DEC site ID number: • Describe the type of institutional control(e.g.,deed restriction or easement): • Describe any use limitations: • Describe any engineering controls: • Will the project affect the institutional or engineering controls in place? ❑Yes❑No • Explain: E.2. Natural Resources On or Near Project Site a.What is the average depth to bedrock on the project site? feet b.Are there bedrock outcroppings on the project site? ❑Yes❑No If Yes,what proportion of the site is comprised of bedrock outcroppings? c.Predominant soil type(s)present on project site: d.What is the average depth to the water table on the project site? Average: feet e.Drainage status of project site soils:❑ Well Drained: %of site ❑Moderately Well Drained: %of site ❑ Poorly Drained %of site f.Approximate proportion of proposed action site with slopes: ❑ 0-10%: %of site ❑ 10-15%: %of site ❑ 15%or greater: %of site g.Are there any unique geologic features on the project site? ❑Yes❑No If Yes,describe: h.Surface water features. i. Does any portion of the project site contain wetlands or other waterbodies(including streams,rivers, ❑Yes❑No ponds or lakes)? ii. Do any wetlands or other waterbodies adjoin the project site? ❑Yes❑No If Yes to either i or ii,continue. If No,skip to E.2.i. iii. Are any of the wetlands or waterbodies within or adjoining the project site regulated by any federal, ❑Yes❑No state or local agency? iv. For each identified regulated wetland and waterbody on the project site,provide the following information: • Streams: Name Classification • Lakes or Ponds: Name Classification • Wetlands: Name Approximate Size • Wetland No.(if regulated by DEC) v. Are any of the above water bodies listed in the most recent compilation of NYS water quality-impaired Dyes❑No waterbodies? If yes,name of impaired water body/bodies and basis for listing as impaired: i.Is the project site in a designated Floodway? ❑Yes❑N° j.Is the project site in the 100-year Floodplain? ['Yes❑No k.Is the project site in the 500-year Floodplain? ❑Yes❑N° I.Is the project site located over,or immediately adjoining,a primary,principal or sole source aquifer? ❑Yes❑No If Yes: i. Name of aquifer: Page 11 of 13 m. Identify the predominant wildlife species that occupy or use the project site: n.Does the project site contain a designated significant natural community? ❑Yes❑No If Yes: i. Describe the habitat/community(composition,function,and basis for designation): ii. Source(s)of description or evaluation: iii. Extent of community/habitat: • Currently: acres • Following completion of project as proposed: acres • Gain or loss(indicate+or-): acres o.Does project site contain any species of plant or animal that is listed by the federal government or NYS as ❑Yes❑No endangered or threatened,or does it contain any areas identified as habitat for an endangered or threatened species? If Yes: i. Species and listing(endangered or threatened): p. Does the project site contain any species of plant or animal that is listed by NYS as rare,or as a species of ❑Yes❑No special concern? If Yes: i. Species and listing: q.Is the project site or adjoining area currently used for hunting,trapping,fishing or shell fishing? ❑Yes❑No If yes,give a brief description of how the proposed action may affect that use: E.3. Designated Public Resources On or Near Project Site a.Is the project site,or any portion of it,located in a designated agricultural district certified pursuant to ❑Yes❑No Agriculture and Markets Law,Article 25-AA,Section 303 and 304? If Yes, provide county plus district name/number: b.Are agricultural lands consisting of highly productive soils present? ❑Yes❑No i. If Yes:acreage(s)on project site? ii. Source(s)of soil rating(s): c. Does the project site contain all or part of,or is it substantially contiguous to,a registered National ❑Yes❑N° Natural Landmark? If Yes: i. Nature of the natural landmark: ❑Biological Community ❑ Geological Feature ii. Provide brief description of landmark,including values behind designation and approximate size/extent: d.Is the project site located in or does it adjoin a state listed Critical Environmental Area? ❑Yes❑No If Yes: i. CEA name: ii. Basis for designation: iii. Designating agency and date: Page 12 of 13 e.Does the project site contain,or is it substantially contiguous to,a building,archaeological site,or district ❑Yes❑No which is listed on the National or State Register of Historic Places,or that has been determined by the Commissioner of the NYS Office of Parks,Recreation and Historic Preservation to be eligible for listing on the State Register of Historic Places? If Yes: i. Nature of historic/archaeological resource: DArchaeological Site DHistoric Building or District ii. Name: iii. Brief description of attributes on which listing is based: f.Is the project site,or any portion of it,located in or adjacent to an area designated as sensitive for ❑Yes❑No archaeological sites on the NY State Historic Preservation Office(SHPO)archaeological site inventory? g.Have additional archaeological or historic site(s)or resources been identified on the project site? ❑Yes❑No If Yes: i.Describe possible resource(s): ii. Basis for identification: h.Is the project site within fives miles of any officially designated and publicly accessible federal,state,or local ❑Yes❑N° scenic or aesthetic resource? If Yes: i. Identify resource: ii. Nature of,or basis for,designation(e.g.,established highway overlook,state or local park,state historic trail or scenic byway, etc.): iii. Distance between project and resource: miles. i. Is the project site located within a designated river corridor under the Wild,Scenic and Recreational Rivers ❑Yes❑No Program 6 NYCRR 666? If Yes: i. Identify the name of the river and its designation: ii. Is the activity consistent with development restrictions contained in 6NYCRR Part 666? ❑Yes❑No F.Additional Information Attach any additional information which may be needed to clarify your project. If you have identified any adverse impacts which could be associated with your proposal,please describe those impacts plus any measures which you propose to avoid or minimize them. G. Verification I certify that the information provided is true to the best of my knowledge. Applicant/Sponsor Name Town Board,Town of Queensbury Date Signature Title Town Supervisor PRINT FORM Page 13 of 13 Onl Agency Use ENDy[IfEN applicable] Full Environmental Assessment Form Project: WR ZONING AMENDMENTS 5-19 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, NO ❑YES the land surface of the proposed site. (See Part 1.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 ❑ ❑ less than 3 feet. b.The proposed action may involve construction on slopes of 15%or greater. E2f ❑ ❑ c.The proposed action may involve construction on land where bedrock is exposed,or E2a ❑ ❑ 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 Dle ❑ ❑ or in multiple phases. f.The proposed action may result in increased erosion,whether from physical D2e,D2q ❑ ❑ disturbance or vegetation removal(including from treatment by herbicides). g.The proposed action is,or may be,located within a Coastal Erosion hazard area. B 1 i ❑ ❑ h.Other impacts: ❑ ❑ 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, NO El 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 b.The proposed action may affect or is adjacent to a geological feature listed as a E3c ❑ ❑ registered National Natural Landmark. Specific feature: c. Other impacts: ❑ ❑ 3. Impacts on Surface Water The proposed action may affect one or more wetlands or other surface water ❑NO ®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,D1 h ® ❑ b.The proposed action may result in an increase or decrease of over 10%or more than a D2b l ❑ 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 ® ❑ from a wetland or water body. d.The proposed action may involve construction within or adjoining a freshwater or E2h ® ❑ 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 ® ❑ runoff or by disturbing bottom sediments. f.The proposed action may include construction of one or more intake(s)for withdrawal D2c ® ❑ of water from surface water. g.The proposed action may include construction of one or more outfall(s)for discharge D2d l ❑ of wastewater to surface water(s). h.The proposed action may cause soil erosion,or otherwise create a source of D2e ® 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 ® ❑ downstream of the site of the proposed action. j.The proposed action may involve the application of pesticides or herbicides in or D2q,E2h ® ❑ around any water body. k.The proposed action may require the construction of new,or expansion of existing, Dl a,D2d ® ❑ wastewater treatment facilities. Page 2 of 10 1.Other impacts: � ❑ 4. Impact on groundwater The proposed action may result in new or additional use of ground water,or NO ❑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 ❑ ❑ on supplies from existing water supply wells. b.Water supply demand from the proposed action may exceed safe and sustainable D2c ❑ ❑ 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 DI a,D2c ❑ ❑ sewer services. d.The proposed action may include or require wastewater discharged to groundwater. D2d,E2I ❑ ❑ e.The proposed action may result in the construction of water supply wells in locations D2c,El f, ❑ ❑ 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,E21 ❑ ❑ over ground water or an aquifer. g.The proposed action may involve the commercial application of pesticides within 100 E2h,D2q, ❑ ❑ feet of potable drinking water or irrigation sources. E21,D2c h. Other impacts: ❑ ❑ 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 ❑ ❑ 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 ❑ ❑ d.The proposed action may result in,or require,modification of existing drainage D2b,D2e ❑ ❑ patterns. e.The proposed action may change flood water flows that contribute to flooding. D2b,E2i, ❑ ❑ E2j,E2k f.If there is a dam located on the site of the proposed action,is the dam in need of repair, El e ❑ ❑ or upgrade? Page 3 of 10 • g.Other impacts: ❑ ❑ 6. Impacts on Air The proposed action may include a state regulated air emission source. VINO YES (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(CO2) D2g ❑ ❑ ii. More than 3.5 tons/year of nitrous oxide(N,O) D2g ❑ ❑ iii.More than 1000 tons/year of carbon equivalent of perfluorocarbons(PFCs) D2g ❑ ❑ iv.More than.045 tons/year of sulfur hexafluoride(SF6) D2g 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 ❑ ❑ 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 ❑ ❑ 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 ❑ ❑ above. e.The proposed action may result in the combustion or thermal treatment of more than 1 D2s ❑ ❑ ton of refuse per hour. f.Other impacts: ❑ ❑ 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.) ®NO El 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 ❑ ❑ 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 ❑ ❑ 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 ❑ ❑ 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 ❑ ❑ 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 ❑ ❑ 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, E 1 b ❑ ❑ 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 ❑ ❑ herbicides or pesticides. j.Other impacts: ❑ ❑ 8. Impact on Agricultural Resources The proposed action may impact agricultural resources. (See Part 1. E.3.a. and b.) mNo ❑YES 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 ❑ ❑ NYS Land Classification System. b.The proposed action may sever,cross or otherwise limit access to agricultural land El a,Elb ❑ ❑ (includes cropland,hayfields,pasture,vineyard,orchard,etc). c.The proposed action may result in the excavation or compaction of the soil profile of E3b ❑ ❑ active agricultural land. d.The proposed action may irreversibly convert agricultural land to non-agricultural Elb,E3a ❑ ❑ 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 ❑ ❑ management system. f.The proposed action may result,directly or indirectly,in increased development C2c,C3, ❑ ❑ potential or pressure on farmland. D2c,D2d g.The proposed project is not consistent with the adopted municipal Farmland C2c ❑ ❑ Protection Plan. h.Other impacts: ❑ ❑ Page 5 of 10 9. Impact on Aesthetic Resources The land use of the proposed action are obviously different from, or are in ZNO OYES sharp contrast to,current land use patterns between the proposed project and a scenic or aesthetic resource. (Part 1. E.l.a, E.l.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 ❑ ❑ scenic or aesthetic resource. b.The proposed action may result in the obstruction,elimination or significant E3h,C2b ❑ ❑ 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) ❑ ❑ ii.Year round ❑ ❑ d.The situation or activity in which viewers are engaged while viewing the proposed E3h action is: E2y, 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 ❑ ❑ appreciation of the designated aesthetic resource. f. There are similar projects visible within the following distance of the proposed Dla,Ela, ❑ ❑ project: Dif,Dlg 0-1/2 mile 'h-3 mile 3-5 mile 5+ mile g.Other impacts: ❑ ❑ 10. Impact on Historic and Archeological Resources The proposed action may occur in or adjacent to a historic or archaeological NO ❑YES 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 to,any buildings,archaeological site or district which is listed on the National or E3e ❑ ❑ State Register of Historical Places,or that has been determined by the Commissioner of the NYS Office of Parks,Recreation and Historic Preservation to be eligible for listing on the State 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: ❑ ❑ 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, ❑ ❑ of the site or property. E3f ii. The proposed action may result in the alteration of the property's setting or E3e,E3f, ❑ ❑ integrity. E3g,E 1 a, Elb iii. The proposed action may result in the introduction of visual elements which E3e,E3f, ❑ ❑ 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 ONO ❑YES 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,Elb ❑ ❑ 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,E 1 c, ❑ ❑ C2c,E2q c.The proposed action may eliminate open space or recreational resource in an area C2a,C2c ❑ ❑ with few such resources. El c,E2q d.The proposed action may result in loss of an area now used informally by the C2c,E 1 c ❑ ❑ 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 0 NO Z 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 El 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 7of10 13. Impact on Transportation The proposed action may result in a change to existing transportation systems. EINO EI YES (See Part 1. 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 ❑ ❑ b.The proposed action may result in the construction of paved parking area for 500 or D2j ❑ ❑ more vehicles. c.The proposed action will degrade existing transit access. D2j ❑ ❑ d.The proposed action will degrade existing pedestrian or bicycle accommodations. D2j ❑ ❑ e.The proposed action may alter the present pattern of movement of people or goods. D2j ❑ ❑ f. Other impacts: ❑ ❑ 14. Impact on Energy The proposed action may cause an increase in the use of any form of energy. ©NO 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 ❑ ❑ b.The proposed action will require the creation or extension of an energy transmission DI f, ❑ ❑ 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 ❑ ❑ d.The proposed action may involve heating and/or cooling of more than 100,000 square Dlg ❑ ❑ 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. NO ❑YES (See Part 1. 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 ❑ ❑ regulation. b.The proposed action may result in blasting within 1,500 feet of any residence, D2m,E 1 d ❑ ❑ 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 ❑ ❑ Page 8 of 10 d.The proposed action may result in light shining onto adjoining properties. D2n 0 ❑ e.The proposed action may result in lighting creating sky-glow brighter than existing D2n,Ela ❑ ❑ area conditions. f.Other impacts: ❑ ❑ 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 1.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 E 1 d ❑ ❑ care center,group home,nursing home or retirement community. b.The site of the proposed action is currently undergoing remediation. Elg,Elh ❑ ❑ 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,E l h ❑ ❑ 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 ❑ ❑ 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 ❑ ❑ management facility. h.The proposed action may result in the unearthing of solid or hazardous waste. D2q,E1 f ❑ ❑ i.The proposed action may result in an increase in the rate of disposal,or processing,of D2r,D2s ❑ ❑ solid waste. j.The proposed action may result in excavation or other disturbance within 2000 feet of Elf,Elg ❑ ❑ 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,E l g ❑ 0 site to adjacent off site structures. I.The proposed action may result in the release of contaminated leachate from the D2s,Elf, ❑ ❑ project site. D2r m.Other impacts: Page 9 of 10 17. Consistency with Community Plans The proposed action is not consistent with adopted land use plans. ONO YES (See Part I.C.l,C.2. and C.3.) If"Yes", answer questions a-h. If"No", go to Section 18. Relevant No,or Moderate Part 1 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 ❑ ❑ contrast to,current surrounding land use pattern(s). Ela,Elb b.The proposed action will cause the permanent population of the city,town or village C2 ❑ ❑ 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 ❑ ❑ d.The proposed action is inconsistent with any County plans,or other regional land use C2,C2 ❑ ❑ plans. e.The proposed action may cause a change in the density of development that is not C3,Di c, ❑ ❑ supported by existing infrastructure or is distant from existing infrastructure. Dld,Dlf, Dld,Elb f.The proposed action is located in an area characterized by low density development C4,D2c,D2d that will require new or expanded public infrastructure. D2j g.The proposed action may induce secondary development impacts(e.g.,residential or C2a ❑ ❑ 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. ©NO DYES (See Part 1.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 1 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 ❑ ❑ of historic importance to the community. b.The proposed action may create a demand for additional community services(e.g. C4 ❑ ❑ schools,police and fire) c.The proposed action may displace affordable or low-income housing in an area where C2,C3,Dlf ❑ ❑ there is a shortage of such housing. D1 g,Ela d.The proposed action may interfere with the use or enjoyment of officially recognized C2,E3 ❑ ❑ or designated public resources. e.The proposed action is inconsistent with the predominant architectural scale and C2,C3 ❑ ❑ character. f.Proposed action is inconsistent with the character of the existing natural landscape. C2,C3 ❑ ❑ Ela,Elb E2g,E2h g.Other impacts: PRINT FULL FORM Page 10 of 10 Agency Use Only [IfApplicable] Project: wR ZONING AMENDMENTS 5-19 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. No adverse impacts of the proposed action were identified in Part 2. The purpose and intent of the proposed zoning code changes is to improve the protection of surface water resources in the Town of Queensbury. Determination of Significance- Type 1 and Unlisted Actions SEAR Status: 171 Tvne 1 n l TnlictM 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,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. El 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 617.7(d)). El 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: Adoption of a Local Law to amend zoning regulations in the Waterfront Residential zoning district Name of Lead Agency: Town Board,Town of Queensbury Name of Responsible Officer in Lead Agency: John F.Strough,Ill 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: John F.Strough,III-Town Supervisor,Town of Queensbury Address: 742 Bay Road,Queensbury NY 12804 Telephone Number:(518)761-8229 E-mail:QbySupervisor@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: /wwvv.dec.nv.gov enb enb.html PRINT FULL FORM Page 2 of 2