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2.1 2.1 ZONING\Chapter-179-179-3-040—Zoning Districts and 179-4-090=Parking and Loading Regs—Aviation Mall Newco—APPROVE—6-1-2020 RESOLUTION ADOPTING SEQRA NEGATIVE DECLARATION AND ENACTING LOCAL LAW NO.: OF 2020 TO AMEND CHAPTER 179 "ZONING" OF QUEENSBURY TOWN CODE TO REVISE §179-3-040 "ESTABLISHMENT OF ZONING DISTRICTS" AND §179-4-090 "PARKING & LOADING REGULATIONS" RESOLUTION NO. ,2020 INTRODUCED BY: WHO MOVED ITS ADOPTION SECONDED BY: WHEREAS, Aviation Mall Newco, LLC, (Applicant) submitted a petition to allow for the addition of multi-family residential uses as allowed by Site Plan Review and to amend parking and subdivision requirements in the Enclosed Shopping Center (ESC) zoning district, and WHEREAS, applications for zoning code changes are forwarded to the Town Planning Department and Planning Board for recommendations in accordance with §179-15-040 of the Town Zoning Law and following such recommendations, the Town Board reviews the applications and takes such other action as it shall deem necessary and proper, and WHEREAS, by Resolution No.: 116,2020, the Town Board accordingly authorized the Town Clerk to forward the Applicant's Petition for Change of Zone Application to the Town Planning Board for report and recommendation and to Warren County Planning Department for GML 239-m review,and WHEREAS, the Town Planning Board reviewed such Application and submitted comments to staff that were summarized and forwarded to the Town Board by staff on April 15, 2020, and WHEREAS, the Warren County Planning Department responded on March 17, 2020 with a determination of No County Impact, and WHEREAS, the Town Board wishes to consider adoption Local Law No.: of 2020 to amend Chapter 179 "Zoning" of Queensbury Town Code to Revise §179-3-040 "Establishment of Zoning Districts" and §179-4-090 "Parking & Loading Regulations" substantially in the form presented at this meeting, hereinafter referred to as the"legislation,"and WHEREAS, Municipal Home Rule Law §20 requires the Town Board to hold a Public Hearing prior to the adoption of any Local Law and the Town Board duly conducted a public hearing, heard all interested parties and closed the public hearing concerning the legislation on Monday, June 1st, 2020, and WHEREAS, as SEQRA Lead Agency, the Town Board has reviewed a Full Environmental Assessment Form to analyze potential environmental impacts of the legislation, and WHEREAS, the Town Board has considered the conditions and circumstances of 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 Senior Planner to file and publish a SEQRA Negative Declaration - Notice of Determination of Non-Significance with respect to the legislation,and BE IT FURTHER, 2 f RESOLVED, that the Town Board hereby adopts Local Law No.: _of 2020,A Local Law to Amend Chapter 179 "Zoning" of Queensbury Town Code to Revise §179-3-040 "Establishment of Zoning Districts" and §179-4-090 "Parking & Loading Regulations," substantially in the form presented at this meeting, 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 the Local Law to the Town 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 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 1st day of June, 2020, by the following vote: AYES : NOES : ABSENT : 3 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 I 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 1is accurate and complete. A.Project and Applicant/Sponsor Information. Name of Action or Project: The addition of residential apartments at Aviation Mall Project Location(describe,and attach a general location map): Aviation Mall,578 Aviation Road,Queensbury,NY 12804 Brief Description of Proposed Action(include purpose or need): The proposal is to amend the existing ESC zone to add a limited percentage of multi-family residential development as a permitted use along with other appropriate uses from the Town's commercial use chart.The addition of residential apartments/ condos will create a mixed use development at Aviation Mall which will help to position the property for long-term stability. The addition of residential occupants shall bring additional customers to the adjacent commercial zone and support growth and stability. Name of Applicant/Sponsor: Telephone:518-793-8818 Aviation Mall Newco,LLC E-Mail:davidaitkenc%pyramidmg.com Address:578 Aviation Road City/PO:Queensbury State:M, Zip Code:12804 Project Contact(if not same as sponsor;give name and title/role): Telephone:518-832_8434 Applicant Agent:Jon C.Lappet,Esq. E-Mail: tcl@bpsnaw.com Address: One Washington Street City/PO: State: Zip Code: Glens Falls NY 12801 Property Owner (if not same as sponsor): Telephone: 315-834-7842 Aviation Mall Newco,LLC E-Mail:davidaitken®pyramidmg.com Address: 4 Clinton Square City/PO: Syracuse ymms NY State: Zip Code: 132o2 Page 1 of 13 FEAF 2019 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, JYesDNo Town of Queensbury 12/4/19 or Village Board of Trustees b.City,Town or Village lYes®No Town of Queensbury Referral by Town Board Planning Board or Commission c.City,Town or lJYes®No Village Zoning Board of Appeals d.Other local agencies DYes®No e.County agencies gf Yes®No Warren County,NY Referral by Queensbury f.Regional agencies QYesON° g.State agencies ❑Yes®No h.Federal agencies QYesgiNo i. Coastal Resources. i. Is the project site within a Coastal Area,or the waterfront area of a Designated Inland Waterway? ❑Yes lN° ii. Is the project site located in a community with an approved Local Waterfront Revitalization Program? 0 Yes®No I iii. Is the project site within a Coastal Erosion Hazard Area? 0 Yes®No C.Planning and Zoning C.I.Planning and zoning actions. Will administrative or legislative adoption,or amendment of a plan,local law,ordinance,rule or regulation be the ®YesDNo only approval(s)which must be granted to enable the proposed action to proceed? • If Yes,complete sections C,F and G. • 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 12JYes0No 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): 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): Page 2 of 13 C3. Zoning a. Is the site of the proposed action iocated in a municipality with an adopted zoning law or ordinance. ®YesDNo If Yes,what is the zoning classification(s)including any applicable overlay district? Enclosed Shopping Center b. Is the use permitted or allowed by a special or conditional use permit? ❑Yes®No c.Is a zoning change requested as part of the proposed action? JYesDNo If Yes, i.What is the proposed new zoning for the site?Proposal to amend existing ESC zone to add multifamily residential as permitted use. CA.Existing community services. • a.In what school district is the project site located? Queensbury b.What police or other public protection forces serve the project site? Warren County Sheriffs.NYS Police c.Which fire protection and emergency medical services serve the project site? West Glens Falls EMS and The Warren County Office of Emergency Services d.What parks serve the project site? N/A 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)? Residential b.a.Total acreage of the site of the proposed action? +i-66 acres b.Total acreage to be physically disturbed? Tao acres c.Total acreage(project site and any contiguous properties)owned or controlled by the applicant or project sponsor? +;..5( acres c.Is the proposed action an expansion of an existing project or use? ®YesJNo i.If Yes,what is the approximate percentage of the proposed expansion and identify the units(e.g.,acres,miles,housing units, square feet)? % TBD Units: TBD d.Is the proposed action a subdivision,or does it include a subdivision? ®Yes DNo If Yes, i.Purpose or type of subdivision?(e.g.,residential,industrial,commercial;if mixed,specify types) residential ii. Is a cluster/conservation layout proposed? DYes Flo iii.Number of lots proposed? 1 iv.Minimum and maximum proposed lot sizes? Minimum TBD Maximum TBD e.Will the proposed action be constructed in multiple phases? D Yes®No i. If No,anticipated period of construction: _ 18 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? ®YesDNo If Yes,show numbers of units proposed. One Family Two Family Three Family Multiple Family(four or more) Initial Phase TBD TBD TBD No 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? 0Yes0No (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? W.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? [, YesNo v. What is the totai 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: I b.Would the proposed action cause or result in alteration of,increase or decrease in size of,or encroachment DYes0No 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? OYes ON° If Yes,describe: iv.Will the proposed action cause or result in the destruction or removal of aquatic vegetation? CI YesEINo 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? 0Yes ON° If Yes: I.Total anticipated water usage/demand per day: TBD gallons/day ii.Will the proposed action obtain water from an existing public water supply? iYes If Yes: • Name of district or service area: Queensbury Consolidated Water District • Does the existing public water supply have capacity to serve the proposal? Yes0 No • Is the project site in the existing district? WiYesEINo • Is expansion of the district needed? El Ye,s[2:1No • Do existing lines serve the project site? Ea YesD No iii. Will line extension within an existing district be necessary to supply the project? 0Yesialo 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? 0 Yescallo 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? ra Yes ElNo If Yes: I. Total anticipated liquid waste generation per day: TBD gallons/day if.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? Ea Yes ONo If Yes: • Name of wastewater treatment plant to be used: Glens Falls Waste Water • Name of district: Queensbury • Does the existing wastewater treatment plant have capacity to serve the project? lOYesEINo • Is the project site in the existing district? 0YesIDNo • Is expansion of the district needed? [Wes gallo Page 5 of 13 • Do existing sewer lines serve the project site? 0YesONo • Will a line extension within an existing district be necessary to serve the project? ElYes0No 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? El Yes El 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): 1.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 VaYes0No 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? TBD 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? DYesJNo iv.Does the proposed plan minimize impervious surfaces,use pervious materials or collect and re-use stormwater? caYesDNo f. Does the proposed action include,or will it use on-site,one or more sources of air emissions,including fuel ['Yes ON° 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) Stationary sources during construction(e.g.,power generation,structural heating,batch plant,crushers) 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, ElYes0No or Federal Clean Air Act Title IV or Title V Permit? If Yes: L Is the project site located in an Air quality non-attainment area? (Area routinely or periodically fails to meet 1:1YesElNo 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, E]Yes1No 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): ❑Morning 0 Evening OWeekend 0 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? ❑YesDNo 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'A 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: iL During Operations: e Monday-Friday: T8D _ • Monday-Friday: Residential O Saturday: ® Saturday. • n_ ? dav: ® tIolidays:___ 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: `3[a 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 ONo 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 Q)No insecticides)during construction or operation? If Yes: i.Describe proposed treatment(s): ii. Will the proposed action use Integrated Pest Management Practices? 0 Yes ONo 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: iii. Proposed disposal methods/facilities for solid waste generated on-site: • Construction: Page 8 of 13 s.Does the proposed action include construction or modification of a solid waste management facility? ❑Yes 0 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: y;ar-s 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? DYesDNo 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 ® Commercial ® Residential(suburban) ❑ Rural(non-farm) ® Forest ❑ Agriculture ❑ 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 Covcrtype Acreage Project Completion (Acres+/-) • Roads,buildings,and other paved or impervious surfaces TBD TBD TBD • 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? 1:1YecI71No 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: Queensbury Union Free School District(School),Adirondack Urgent Care(Hospital), QUMC Kidz(Licensed Day Care),Soloman Heights(Senior Living) 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, 1:3Yes0No 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 ❑YesINo 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 ❑YesDNo Remediation database? Check all that apply: ❑ Yes—Spills Incidents database Provide DEC ID number(s): ❑ Yes—Environmental Site Remediation database Provide DEC ID nurnber(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? ❑YeNo 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? DYesElNo • 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? DYcsONo • E.2. Natural Resources On or Near Project Site a.What is the average depth to bedrock on the project site? >5 feet b.Are there bedrock outcroppings on the project site? DYesNo If Yes,what proportion of the site is comprised of bedrock outcroppings? e,Predominant soil type(s)present on project site: Glacial 100% d.What is the average depth to the water table on the project site? Average: >5 feet e.Drainage status of project site soils:0 Well Drained: so%of site 0 Moderately Well Drained: 20%of site El Poorly Drained %of site f.Approximate proportion of proposed action site with slopes: 0 0-10%: 15 %of site • 10-15%: 80 %of site O 15%or greater: 5 %of site g.Are there any unique geologic features on the project site? E)Yes0No If Yes,describe: h.Surface water features. i.Does any portion of the project site contain wetlands or other waterbodies(including streams,rivers, OYes0No ponds or lakes)? H.Do any wetlands or other waterbodies adjoin the project site? ElYes0No 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, ID Yes ON0 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 OYes ONo waterbodies? If yes,name of impaired water body/bodies and basis for listing as impaired: i.Is the project site in a designated Floodway? OYes0No j.Is the project site in the 100-year Floodplain? ElYes0No k.Is the project site in the 500-year Floodplain? DYes0No 1.Is the project site located over,or immediately adjoining,a primary,principal or sole source aquifer? ElYes0N0 If Yes: i.Name of aquifitr: Page 11 of 13 in. Identify the predominant wildlife species that occupy or use the project site: n.Does the project site contain a designated significant natural community? ElYes0No 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 0 Yes0No 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 EYcsflNo 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? OYesg2No 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 ElYes0No 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? OYesONo 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 I:Yes VJN0 Natural Landmark? If Yes: i. Nature of the natural landmark: 1:1 Biological Community 0 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? OYes0No If Yes: f. CEA name: ii. Basis for designation: ilL 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 (Q 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 OHistoric 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 ❑YesQJNo 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? DYes JNo 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[JNo scenic or aesthetic resource? If Yes: i.Identify resource:Warren County Btceway,Feeder Canal Towpath Trail,Hovey Pond Park,Queensbury School Trails and Coles Woods ii.Nature of,or basis for,designation(e.g.,established highway overlook,state or local park,state historic trail or scenic byway, etc.): M.Distance between project and resource: ruffles __ . 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? DYesDNo 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 Aviation Mall Newco,t.t.t:. Date 3/3/2020 Signature Title Director of Government Affairs PRINT FORM Page 13 of 13 Agency Use Only[If applicable] Full Environmental Assessment Form Project: Aviation Mall Neco,LLC zoning changes Part 2-Identification of Potential Project Impacts Date: 5/18/2020 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 FEAF 2019 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 DYES 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 ❑ ❑ 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,DI h ❑ ❑ b.The proposed action may result in an increase or decrease of over 10%or more than a D2b ❑ ❑ 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 ❑ ❑ of wastewater to surface water(s). h.The proposed action may cause soil erosion,or otherwise create a source of D2e ❑ ❑ 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, D 1 a,D2d ❑ ❑ 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 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 Dla,D2c ❑ ❑ sewer services. d.The proposed action may include or require wastewater discharged to groundwater. D2d,E21 ❑ ❑ e.The proposed action may result in the construction of water supply wells in locations D2c,Elf, ❑ ❑ 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. E2I,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, E l 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. JNO YES (See Part I. 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(N20) 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(1-IFCs)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 ❑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, El 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.) IZINO ❑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 Ela,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,E l b ❑ ❑ 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 WINO DYES sharp contrast to, current land use patterns between the proposed project and a scenic or aesthetic resource. (Part 1. E.1.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: i. Routine travel by residents,including travel to and from work E2q, ii. Recreational or tourism based activities Etc 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: Dlf,Dig 0-1/2 mile 1/4-3 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 LINO D 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 ❑ ❑ 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 JNO 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,El c, ❑ ❑ C2c,E2q c.The proposed action may eliminate open space or recreational resource in an area C2a,C2c ❑ ❑ with few such resources. E1c,E2q d.The proposed action may result in loss of an area now used informally by the C2c,E1c ❑ ❑ 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 n NO n 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. nNO OYES (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 EYES (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 Dlf, ❑ ❑ 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 EYES (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 regulation. b.The proposed action may result in blasting within 1,500 feet of any residence, D2m,Eld 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 ❑ Page 8 of 10 d.The proposed action may result in light shining onto adjoining properties. D2n ❑ ❑ e.The proposed action may result in lighting creating sky-glow brighter than existing D2n,E 1 a ❑ ❑ area conditions. f.Other impacts: ❑ ❑ 16. Impact on Human Health The proposed action may have an impact on human health from exposure I7 I NO 0 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 Eld ❑ ❑ care center,group home,nursing home or retirement community. b.The site of the proposed action is currently undergoing remediation. Elg,E l h ❑ ❑ 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 ❑ ❑ 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,E 1 f ❑ ❑ management facility. h.The proposed action may result in the unearthing of solid or hazardous waste. D2q,E 1 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,E l g ❑ ❑ a site used for the disposal of solid or hazardous waste. El h 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,E1f, ❑ ❑ 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. JNO EYES (See Part 1. C.1,C.2. and C.3.) If"Yes", answer questions a-h. If"No", go 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,Dia ❑ ❑ 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,D l c, ❑ ❑ supported by existing infrastructure or is distant from existing infrastructure. Did,Dlf, D1d,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. aNO EIYES (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 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 ❑ ❑ 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. Dlg,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: Avaition Mall Newco LLC zoning changes Date: 5-18-2020 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 1 ❑Unlisted Identify portions of EAF completed for this Project: ❑✓ Part 1 ©Part 2 ©Part 3 FEAF 2019 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. ❑ 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)). ❑ 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: Aviation Mall Newco,LLC zoning amendments 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: Stuart G.Baker,Senior Planner Address: 742 Bay Road,Queensbury,NY 12804 Telephone Number:(518)761-8222 E-mail: stuartb@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: enh.html PRINT FULL FORM Page 2 of 2 . Chapter 179-3-040—Zoning Commercial District-Enclosed Shopping Ctr-Add Multi Family Residential-Aviation Mall Newco-6-1-2020 LOCAL LAW NO.: OF 2020 A LOCAL LAW TO AMEND CHAPTER 179 "ZONING" OF QUEENSBURY TOWN CODE TO REVISE §179-3-040 "ESTABLISHMENT OF ZONING DISTRICTS" AND §179-4-090 "PARKING & LOADING REGULATIONS" BE IT ENACTED BY THE TOWN BOARD OF THE TOWN OF QUEENSBURY AS FOLLOWS: SECTION 1. Queensbury Town Code Chapter 179, "Zoning," §179-2-919 entitled "Definitions and word usage," Section(C) is hereby amended to add two definitions as follows: C. As used in this chapter or in the appendixes thereto, unless the context otherwise requires, the following terms shall have the meanings indicated: ANCHOR STORE— The major store or stores within a shopping center. BACK LOT—A lot with no frontage on a public road. SECTION 2. 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 Note: Language in bold italics is new language to be added; Language with line drawn through is old language to be deleted. 1 as compatible commercial, mixed use and multifamily dwelling 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. (1) 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]Minimum lot size: 2.5 acres per principle use/structure. [2] 4 Front yard setback: 40 feet. Buildings in excess of 40 feet in height shall require a front setback of 100 feet or greater. [3]i 2 Side yard setback: 30 feet. [4] Rear yard setback: 30 feet. [5] 1 I Shoreline/stream/wetland setback: 150 feet. [6] 51 Lot width: 500 feet. Note: Language in bold italics is new language to be added; Language with line draw,, tI ough is old language to be deleted. 2 r [7J 1v:, Road frontage: 75 feet. [8];7 I Water frontage: 200 feet. [9J Building height: 70 feet. Buildings in excess of 40 feet in height shall require a front setback of 100 feet or greater. [10J 10I Percent permeable: 20%. [11J H'_O I Percent landscaped: 15%. [121 The maximum gross building residential area (total unit square footage) shall be thirty percent (30%) of the total building floor area of all other commercial buildings within the ESC zoning district. ) 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. (d) Subdivisions Requirements. Back lots to be utilized for (1) Mall Anchor Stores greater than 30,000 square feet each and (2) Multifamily Dwelling may be subdivided without otherwise required setbacks or frontage on a public road, provided that reciprocal access and parking easements between separate parcels are recorded in the Warren County Clerk's Office. SECTION 3. Queensbury Town Code Chapter 179, "Zoning," §179-4-090 entitled "Parking& Loading regulations," Sections(F)and(J)through(M) are hereby amended as follows: Note: Language in bold italics is new language to be added; Language with lien, drawn through is old language to be deleted. 3 I § 179-4-090. Parking & Loading regulations. F. Off-street parking schedule. The off-street parking schedule is found on Table 5 which follows. Parking requirements for uses not listed in this schedule shall be determined by the Planning Board, which shall consider the requirements of the most similar use(s) in making its determination Table 5: Parking Requirements Use Minimum Number of Spaces Enclosed Shopping Center 5 per 1,000 square feet of GLFA up to 150,000 square feet; 4.5 per 1,000 square feet GLFA up to 500,000 square feet; 1.0 3.75 per 1,000 square feet of GLFA above 500,000 square feet Multifamily house/dwelling 1.5 per unit. 1.25 parking spaces per unit in the Enclosed Shopping Center(ESC) district. J. Shared parking is permitted for all uses in the Enclosed Shopping Center zoning district regardless of whether the uses are on a separate subdivided parcel. JK. All parking shall be lighted in accordance with the standards in § 179-6-020. KL. When a change in the intensity of use of any building or structure would increase the required parking by 10 or more spaces, through an addition or change in the number of dwelling units, gross floor area, gross leasable floor area, seating capacity, or other units of measurement specified herein, the increment of additional required parking shall be provided in Note: Language in bold italics is new language to be added; Language with li„e drawn though is old language to be deleted. 4 accordance with this section, unless a waiver is granted by the Planning Board. If fewer than 10 spaces are required by a change or a series of changes in use, the requirement for such space shall be waived. M. (Reserved)Off-street loading (1) Except as provided in Subsection B M(2), at least one off-street loading facility shall be provided for each commercial or industrial establishment hereafter erected or substantially altered to have a gross floor area in excess of 5,000 square feet, computed as described below. Space for an off-street loading facility shall be in addition to space for off-street parking. (2) An enclosed shopping center shall provide two off-street loading spaces for each department store tenant. The Planning Board will require additional centralized loading facilities as may be reasonably necessary to service interior mall tenants, taking into consideration interior service corridors, traffic and parking patterns and architectural design. (3) Each off-street loading facility shall be subject to the following minimum requirements: (a) Each berth shall be not less than 12 feet wide, 40 feet long and, when covered, 14 feet in height. (b) Off-street loading facilities located within 50 feet of a residential property shall be shielded by walls, fencing or other suitable material which shall serve to screen noise and uncontrolled entrances. SECTION 4. Queensbury Town Code Chapter 179, "Zoning," Attachment 1:1 entitled, "Table 1: Table of Area Requirements," is hereby amended as attached. Note: Language in bold italics is new language to be added; Language witli-line-drewn-theugh is old language to be deleted. 5 SECTION 5. Queensbury Town Code Chapter 179, "Zoning," Attachment 3:1 entitled, "Table 3: Summary of Allowed Uses in Commercial Districts," is hereby amended as attached. SECTION 6. 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 7. 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 8. 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 li e drawl thro h is old language to be deleted. 6 Note: Language in bold italics is new language to be added; Language is old language to be deleted. 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.7-2016; 2-27-2017 by L.L.No.3-2017] 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% - 3- 5 LC-10A 10 400 '' 400 . — - 400 - 50 100 100 100 200 95% 3- 5 Parkland recreation PR-42A 42 400 400 800 800 210 100 100 100 150 90% - 3- 5 ' Rural residential RR-5A 5 400 400 — 200 25 100 75 100 75 75% 40/352 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 50/759 75% 28' 0.22 residential 12:varies with lot width'' _ Moderate-density MDR 2 or 1' 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 sr Recreation RC 15,000 sr 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 1 150 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 18 sum 50'" - 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 1 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" 0'4 10 50 5%-10% 40'6 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 l 79 Attachment 1:1 05-01-2017 Language is old language to be deleted. 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 Display' 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 1 200 200 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 2.5 Maximum residential density as per 500 75 200 NA 4021 3031 302' 15021 20% 7019 15%minimum center §178-3-040(B)(1)(b)(12)2B landscaped NOTES: ' Minimum lot widths require compliance with access management requirements for shared driveways or double lot width. 2 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. 1" See§179-3-040A(5)(b)[3]. " A building setback greater than the minimum requirement of 50 feet may allow for a building height greater than the maximum of 40 feet otherwise allowed.See§ 179-3040B(8)(b)[2]and[9]. 13 See§§179-3-04013(5)(b)[2],179-3-040B(5)(b)[9],and 179-7-070A(I)(c). " 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§ I 79-3-040B(5)(b)[3]. " §§179-3-040B(5)(b)[10]and 179-3-040B(5)(b)[11]. 16 See§ 179-3-040B(5Xb)[9]. " See§ 179-3-040B(5)(b)[11]. Parcels adjacent to residential uses shall require a minimum fifty-foot setback which shall include at least a twenty-five-foot vegetated buffer. " Buildings in excess of 40 feet in height shall have a front setback of 100 feet or greater. 20 The maximum gross building residential area(total unit square footage)shall be thirty percent(30%)of the total building floor area of all other commercial buildings within the ESC zoning district. See§179-3-040(B)(1)(b)(12). 21 Back lots to be utilized for(1)Mall Anchor Stores greater than 30,000 square feet each and(2)Multifamily Dwelling may be subdivided without otherwise required setbacks or frontage on a public road See.§179-3-040(B)(1)41). 179 Attachment 1:2 05-01-2017 Note: Language in bold italics is new language to be added; Language with line drawn through is old language to be deleted. 179 Attachment 3 Town of Queensbury Table 3: Summary of Allowed Uses in Commercial Districts 'Amended 4-19-2010 by L.L. No. 7-2010; 1-28-2011 by L.L. No.2-2011;4-1-2013 by L.L.No.3-2013; 12-16-2013 by L.L. No.7-2013; 7-21-2014 by L.L.No.2-2014; 10-6-2014 by L.L. No.5-2014; 9-14-2015 by L.L.No.5-2015; 4-18-2016 by L.L. No. 3-2016; 10-17-2016 by L.L. No.7-20161 KEY AU = Accessory Use PU = Permitted Use SPR = Site Plan Review Use SUP = Special Use Permit Required Blank = Not Permitted Enclosed Commercial Commercial Commercial Shopping Main Neighborhood Recreation Commercial Use Table Moderate Intensive Intensive-Exit 18 Center Street") Commercial Office Commercial CM CI CI-18 ESC MS NC 0 RC <600 feet >600 feet from arterial from arterial Amusement center SUP SUP SPR SPR Apartment house SPRO Apartment house/condos SPR') SPRc2> Apartment house above SPRM first floor _ Apartment house/condos SPR SPR(2) above first floor Auto body/repair shop SPR Automobile service SPR SPR SPR Automotive sales and SPR SPR SPR service Bank SPR SPR SUP SPR SPR SPR SPR SPR Business service SPR SPR SUP SPR SPR SPR SPR SPR Campground SPR Car wash SPR SPR Cemetery SPR 179 Attachment 3:1 12-01 -2016 Note: Language in bold italics is new language to be added; Language with line drawn through is old language to be deleted. Enclosed Commercial Commercial Commercial Shopping Main Neighborhood Recreation Commercial Use Table Moderate Intensive Intensive-Exit 18 Center Street°> Commercial Office Commercial CM CI CI-18 ESC MS NC 0 RC <600 feet >600 feet from arterial from arterial Commercial boat SPR SPR sales/service/storage Convenience store SPR SPR SUP SPR SPR SPR SPR SPR Convention,sports or SPR SUP SUP SPR SPR SPR SPR exhibit center Day-care center SPR _ SPR SPR SPR SPR SPR SPR Drive-in theater _ SPR Enclosed shopping center SUP - Fast-food establishment SPR SUP SPR SUP Firing range,indoor SUP Food service SPR SPR SUP SPR SPR SUP AU AU SPR Funeral home SPR SPR _ Gallery SPR SPR SPR SPR SPR SPR Golf course — SPR SPR Golf driving range SUP SUP Health-related facility SPR SPR SUP SPR SPR SPR SPR Kennel SUP SPR Library SPR SPR Limousine service SPR Microbrewery SPR SUP SPR SPR Live theater SPR SUP SPR SPR Mineral extraction SUP Mobile home sales SPR J Motel . SPR SPR SUP SUP SPR Movie theater SPR SPR SUR SPR SPR Multifamily SPIV” SPR2 house/condos Municipal center - SPR SPR Museum SPR SPR SPR SPR Nightclub SUP SUP SPR SUP Nursery SPR SPR ' Office, large"' SPR SPR SUP SPR SUP SPIV) SPR') Office,small SPR SPR SUP SPR SPR SPR SPR SPR Outdoor concert events SUP SPR SUP Paintball facility SUP 179 Attachment 3:2 12-01 -2016 Language with line draw„ through is old language to be deleted. QUEENSBURY CODE Enclosed Commercial Commercial Commercial Shopping Main Neighborhood Recreation Commercial Use Table Moderate Intensive Intensive-Exit 18 Center Street° Commercial Office Commercial CM CI CI-18 ESC MS NC 0 RC <600 feet >600 feet from arterial from arterial Parking lot SPR SPR SUP SPR Parking structure SUP SUP SUP SUP SPR SPR SPR Personal service SPR SPR SPR SPR SPR AU AU Place of worship SPR SPR SPR SPR SPR SPR Playground SPR SPR _ SPR Produce stand SPR SPR SPR SPR _ SPR SPR Public or semipublic SPR SPR SUP SPR SPR SPR SPR SPR building _ Recreation center SUP SPR Retail SPR SPR SUP SPR SPR SPR AU AU School SPR SPR SPR SPR SPR SPR Self-storage facility SUP SPR Shopping mall/plaza SPR SPR SUP SPR _ - Single-family dwelling SPR"' SPR Ski center SPR Storage facility, interior SPR SUP Tavern SUP SUP SPR SUP TV or radio station SPR SPR SPR _ Veterinary clinic SPR SPR SPR SUP SUP NOTES: (1) Large offices are prohibited in the Gurney Lane Office district. (2) No residential uses shall be allowed less than 600 feet of Bay Road. See§ 179-3-040B(2). (3) All single-story uses and buildings setback beyond 40 feet require a special use permit. (4) Residential uses,including single-family dwellings,duplexes or two-family dwelling,multiple-family dwellings,and townhouse are not allowed within 250 feet of the centerline of Main Street. Beyond 250 feet they are allowed with site plan review. (5) The maximum gross building residential area(total unit square footage)shall be thirty percent(30%)of the total building floor area of all other commercial buildings within the ESC zoning district. See§178-3-040(B)(1)(b)(12). 179 Attachment 3:3 12-01 -2016