Loading...
2.2 2.2 RESOLUTIONS\LOCAL LAWS\ENACTMENT\Chapter 179—Zoning—Cannabis— 1-23-23 RESOLUTION ENACTING LOCAL LAW NO.: OF 2023 TO AMEND CHAPTER 179 "ZONING" OF QUEENSBURY TOWN CODE TO REGULATE SPECIFIC CANNABIS BUSINESSES AND AMEND USE REQUIREMENTS RELATED TO AGRICULTURE RESOLUTION NO.: 12023 INTRODUCED BY: WHO MOVED FOR ITS ADOPTION SECONDED BY: WHEREAS, the Queensbury Town Board wishes to amend Chapter 179 of Queensbury Town Code to regulate specific cannabis businesses and amend use requirements related to agriculture, and WHEREAS, the amendments are necessary and desirable to protect the public health, safety, welfare, and environmental resources, provide a consistent regulatory pathway for the cannabis industry consistent with State regulations, foster a healthy, diverse and economically viable cannabis industry that contributes to the local economy and ensure that environmental,public health, safety and nuisance factors related to both the cannabis industry and agriculture are adequately addressed, and WHEREAS, the Queensbury Town Board wishes to adopt Local Law No.: of 2023 to: (1) amend §179-2-010, entitled "Definitions and word usage, (2) amend §179-10-070, entitled Specific Standards," (3) amend Table 2, entitled "Summary of Allowed Uses in Residential Districts," (4) amend Table 3, entitled Summary of Allowed Uses in Commercial Districts," and (5) amend Table 4, entitled "Summary of Allowed Uses in Industrial Districts," and WHEREAS, by Resolution No.: 406,2022, the Town Board declared Lead Agency status for SEQRA review, and WHEREAS, by Resolution No.: 470,2022, the Town Board also referred the application to the Warren County Planning Department for NYS GML §239-m review, and WHEREAS, on or about December 27, 2022 the Town received a recommendation from the Warren County Planning Department to approve the proposed zoning changes, and WHEREAS, by Resolution No.: 389,2022, the Town Board referred the proposed zoning changes to the Adirondack Park Agency, and WHEREAS, on November 21, 2022 the Adirondack Park Agency issued a letter notifying the Town that the proposed zoning changes in the proposed Local Law affecting the Town's Agency Approved Local Land Use Program are approved, and WHEREAS, on January 23, 2023, the Town Board duly conducted a public hearing concerning proposed Local Law No.: of 2023, 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 2023 and finds that no significant adverse environmental impacts are expected to result, and WHEREAS, the Town Board has considered the conditions and circumstances of the area affected by the proposed Local Law No.: of 2023 and wishes to consider adoption of Local Law No.: of 2023 in the form substantially presented at this meeting, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby finds that the proposed changes to the Town Zoning Code will not result in any large or important detrimental impacts and will not have a significant adverse impact on the environment, and therefore declares a Negative Declaration under SEQRA and authorizes the filing of a SEQRA Negative Declaration - Notice of Determination of Non-Significance for this action, and BE IT FURTHER, RESOLVED, that the Town Board authorizes and directs the Town Clerk and/or Senior Planner to file any necessary documents relating to this Negative Declaration in accordance with applicable laws and regulations, and BE IT FURTHER, RESOLVED, that the Town Board hereby adopts Local Law No.: of 2023 to amend Queensbury Town Code Chapter 179, "Zoning," entitled, "A Local Law To Amend Chapter 179 "Zoning" Of Queensbury Town Code to Regulate Specific Cannabis Businesses and Amend Uses Requirements Related to Agriculture" in the form substantially presented at this meeting to: (1) amend §179-2-010, entitled "Definitions and word usage, (2) amend §179-10- 070, entitled Specific Standards," (3) amend Table 2, entitled "Summary of Allowed Uses in Residential Districts," (4) amend Table 3, entitled Summary of Allowed Uses in Commercial Districts," and (5) amend Table 4, entitled "Summary of Allowed Uses in Industrial Districts," and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Town Clerk to send copies of this Resolution and approved Local Law No.: of 2023 to the Town Planning Board, Town Zoning Board of Appeals, Town Zoning Administrator Warren County Planning Department and the Adirondack Park Agency in accordance with §179-15-080(D) of the Town Zoning Law, and BE IT FURTHER, RESOLVED, the Town Board further authorizes and directs the Town Clerk to submit approved Local Law No.: of 2023 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 further authorizes and directs the Town Clerk, Town Zoning Administrator, Senior Planner and/or Town Counsel to take any other actions necessary to effectuate the intent and provisions of this Resolution. Duly adopted this 23rd day of January, 2023, by the following vote: AYES NOES ABSENT: LOCALLAWS1Cannabis — Chapter 179 — 1-23-2023 LOCAL LAW NO.: OF 2023 A LOCAL LAW T4 AMEND CHAPTER 179 '°ZONING" OF QUEENSBURY TOWN CODE TO REGULATE SPECIFIC CANNABIS BUSINESSES AND AMEND USE REQUIREMENTS RELATED TO AGRICULTURE BE IT ENACTED BY THE TOWN BOARD OF THE TOWN OF QUEENSBURY AS FOLLOWS: Section 1. Intent — The Town Board wishes to amend Chapter 179 of Queensbury Town Code to regulate specific cannabis businesses and amend use requirements related to agriculture. The amendments are necessary and desirable to protect the public health, safety, welfare, and environmental resources, provide a consistent regulatory pathway for the cannabis industry consistent witb state regulations, foster a healthy, diverse and economically viable cannabis industry that contributes to the local economy, and ensure that environmental, public health, safety and nuisance factors related to both the cannabis industry and agriculture are adequately addressed. Section 2. Enacting Authority — This Local Law is enacted pursuant to the New York Municipal Home Rule Law, Section 131 of the New York Cannabis Law, and Chapter 179 of the Code of the Town of Queensbury, as authorized by the New York State Constitution, the New York Municipal Horne Rule Law, and other relevant provisions of the Town Law of the State of New York. Section 3. 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: Note: Language in hold italics is new language to be added; Language v4th line dFaAwa through is old language to be deleted. 1 C. As used in this chapter or in the appendixes thereto, unless the context otherwise requires, the following terms shall have the meanings indicated: AGRICULTURAL RETAIL SALES: A small—scale retail facility for sales of agricultural products grown or raised on the site or other properties owned or leased by the agricultural use operator, and pre packaged goods processed from onsite agricultural production. AGRICULTURAL SERVICE USE: Any storage or processing facility directly and customarily related to an agricultural use. Agricultural Service Use may include an associated agricultural retail sales business. Examples include milk processing, feed storage, crop storage, and crop processing. AGRICULTURAL USE: Any management of any land for agriculture: the raising and keeping of cows, horses, pigs, poultry and/or other. livestock; truck gardens; horticulture; silviculture or orchards, including the sale of products grown or raised directly on such land and including the construction, alteration or maintenance of fences, agricultural roads, agricultural drainage systems and farm ponds. Agricultural Use may include greenhouses. CANNABIS BUSINESS, ON-SITE CONSUMPTION: A cannabis related business requiring a license from New Fork State to operate an Adult-use On-Site Consumption business. An on- site consumption license authorizes the acquisition, possession, and sale of cannabis from the licensed premises of the on site consumption licensee to cannabis consumersfor use at the on- site consumption location. CANNABIS BUSINESS, RETAIL. A cannabis related business requiring a license from New York State to operate an Adult=use retail dispensary authorized to acquire, possess, sell and deliver cannabis to consumers. COMMERCIAL NURSERY: A nursery with one or more greenhouses totaling 300 square feet or more of area. GREENHOUSE: A building whose r-eef- and sides are made lar-gely of Blass or other 4raliqpai�eat or. -PH.Ater-40 and in which the temperature, lighting aa4 or humidity can be regulated for the cultivation of delicate eF out of sease plants for subsequent sale or personal enjoyment. Note: Language in bold italics is new language to be added; Language v4th line dFa- .,.. through is old language to be deleted. 2 A greenhouse in excess of 300 square feet shall be regulated as a commercial nursery. A greenhouse under 300 square feet shall be considered accessory to a residential use. PARK; A publicly owned tract of land designated and used by the public for active and/or passive recreation. Be Section 179-10-070, entitled "Specific Standards" is amended as follows- Q. Nurseries and Commercial Nurseries. ( 1 ) Nurseries must be on lots of at least 10 acres in size. (2) Nurseries shall include a management plan for pesticides, herbicides, and fertilizers. Such plans shall include application, usage, storage, and surface water and groundwater quality protection details. (3) Any Planning Board approval may require annual surface water and groundwater quality testing. EE. On-Site Consumption Cannabis Business & Retail Cannabis Business. On-site Consumption and Retail Cannabis businesses are subject to the New York State Cannabis Law with the following specific standards: (1) Such businesses shall not be located within a one thousand (1,000) foot radius of another premises for which a license of the same type has been issued by New York State, such distance to be measured horizontally on a straight line from the property line of the lot first occupied by a licensed cannabis business. (2) An On-Site Consumption Cannabis Business or Retail Cannabis Business shall not be located within one thousand (1,000) feet from the following uses, such distance to be measured horizontally on a straight line from the nearest property line of the lot to be occupied by the proposed On-Site Consumption Cannabis Business or Retail Cannabis Business. (a) Addiction Treatment Providers certified by the New York State ©ice of Addiction Services and Support Note: Language in bold italics is new language to be added; Language with line dawn th fo g is old language to be deleted. 3 (b) Amusement Center (c) Campground (d) .Cray-care Center (e) Day-care Home 09 Health-related facility (g) Parks (h) Place of Worship (i) Playground (j) Public or Semi-public building . (k) School (3) Hours of Operation: On-Site Consumption Cannabis Business or Retail Cannabis Business shall not open before 9AM nor remain open after 9pm Monday through Saturday, and shall not open before 12pm nor remain open after 6pm on Sunday. (4) Lighting and Security; Motion detectors or timers should be considered as part of any lighting plan. Fencing that may be required should include materials and aesthetics that provide security but do not create a negative visual impact. (5) Application requirements. (a) Applicant must submit a plan to ensure compliance with §179-6-030 (Odor) of the Zoning Code. (6) All special use permits issued under this Subsection shall contain a condition that the Retail Cannabis Business or On-Site Consumption Cannabis Business shall not operate, and the special use permit shall not be valid, until the applicant has obtained all licenses and permits issued by the State of New York and any of its agencies for the dispensary. (7) A special use permit granted under this Subsection shall have a term limited to the duration of the applicant's use of the premises as a Retail Cannabis Business or On~ Site Consumption Cannabis Business. A special use permit may be transferred only with the approval of the Planning Board in the form of an amendment to the special use permit. (8) Revocation of Special Use Permit. Note: Language in bold italics is new language to be added; Language is old language to be deleted. 4 (a) Any violation of this Subsection shall be grounds for revocation of a special use permit issued under this Subsection. (b) Revocation or expiration of a license by New York State shall be grounds for revocation of the special use permit. FF. Agricultural Service Use (1) All special use permits issued under this Subsection shall contain a condition that the use shall not operate, and the special use permit shall not be valid, until the applicant has obtained any licenses and permits required by the State of New York and any of its agencies for such use. (2) Revocation of Special Use Permit. (c) Any violation of this Subsection shall be grounds for revocation of a special use permit issued under this Subsection. (d) Revocation or expiration of any license that may be required by New York State for the Agricultural Service Use shall be grounds for revocation of the special use permit. (3) A special use permit granted under this Subsection shall have a term limited to the duration of the applicant's ownership and use of the premises as an agricultural services use. A special use permit may he transferred only with the approval of the Planning Board in the form of an amendment to the special use permit (4) Application requirements. (a) Applicant must submit a plan to ensure compliance with §179~&030 (Odor) of the zoning code. C. Table 2, entitled "Summary of Allowed Uses in Residential Districts" is amended as follows: Land Moderate Density Neighborhood Parkland Rural Waterfront Conservation Residential Residential Recreation Residential Residential Residential Use LC40 PR-10 RR-3 Table LC-42 MDR NR PR-42 RR-5 WR Note: Language in bold italics is new language to be added; Language is old language to be deleted. 5 Agricultural Retail SPR SPR sales D. Table 3 , entitled "Summary of Allowed Uses in Commercial Districts" is amended as follows: Commercial Commercial Commercial En closedc Mein Neigbborlwod Moderate lntensire lntensivo— Shopping Street Commercial office Recreation Commercial Commercial Exit Is Center Use Table CM Cl Cl-I8 ESC MS NC o RC <600 Feet >600 feet from arterial from arterial Cannabis bosinesso am site Sl1P consu !oA Cannabis SUP business, reAdf E. Table 4, entitled "Surm ary of Allowed Uses in Industrial Districts" is amended as follows: Veteran's Field Commercial Light Heavy Light Industrial Industrial Industrial Industrial Use Table VF-LI CLI HI Agricultural service use SP SUP Commercial Mursery SUS'' Section 3. Severability — 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. Repealer — All Local Laws or Ordinances or parts of Local Laws or Ordinances in conflict with any part of this Local Law are hereby repealed. In particular, this Local Law is specifically intended to supersede the amended provisions of the current Town of Queensbury Zoning Law. Section 5. Effective Date — This Local Law shall take effect upon filing by the office of the New York State Secretary of State or as otherwise provided by law. Note: Language in bold italics is new language to be added; Language - ith line dyav " `h ug== is old language to be deleted. r 6 Reviewed by Department on Thursday, December 22, 2022 Warren County Planning Department Dec2022-18 Project Review and Referral Form Project Name: Town of Queensbury Owner: Town of Queensbury ID Number: QBY-22-LL DEC 27 County Project#: Dec2022-18 Current Zoning: Community: Queensbury Project Description: Applicant proposes amendment to Local Law zoning code to regulate cannabis business and amend use requirmwnts related to agriculture, Site Location: Tax Map Numbers: County Punning Recommendation; Approve Informal Staff Comments: Local actions to date (if any): Local Action/Final Disposition: 1z�zzrzazz Warren County Planning Department Date Signed Local Official Date Signed PLEASE RETURN THIS FORM TO Ti1E WARREN COUNTY PLANNING DEPARTMENT WITHIN 14 DAYS OF 14NAL ACTION wl=wtr!RK Adirondack stntE of ° ""� ` Park Agency KATHY HOCHUL BARBARA RICE Governor Executive Director November 21 , 2022 Honorable John Strough III Town of Queensbury Supervisor 742 Bay Rd Queensbury, NY 12804 Dear Supervisor John Strough III ; The Agency has reviewed the proposed amendment to the Town of Queensbury's Agency- approved Local Land Use Program (ALLUP) received on November 9, 2022 . This letter serves as documentation that the proposed amendments to the Town of Queensbury Zoning Law to define "Agricultural Retail Sales" as an allowable use subject to site plan review in the Town's Land Conservation (LC-10A and LC-42A) districts and in its Rural Residential (RR-3A and RR-5A) districts are hereby approved by the Adirondack Park. Agency pursuant to the terms of the Town's ALLUP. Thank you for the referral of these proposed amendments. Upon adoption of the amendments, please provide the Agency with copies so staff can maintain an up-to-date file of the Town's local laws. If you have any questions, please contact Robyn Burgess, Principal Adirondack Park Local Planning Assistance Specialist. Agency staff look forward to assisting the Town on future planning efforts. Sincerely, 8a^brtrcc� k~.ice Barbara Rice Executive Director cc: Caroline Barber, Town Clerk Craig Brown, Planning Director John O'Brien , Code Enforcement Officer Stephen Traver, Planning Board Chair Mike McCabe, Zoning Board of Appeals Chair P.O. Box 99 • 1133 NYS Route 88 A Ray Brook, NY 12977 • Tel: 518 891-4050 Fax: 518 891 -3938 � www.apa.ny.gov i Full Environmental Assessment Form Part I - 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 i is accurate and complete. A. Project and Applicant/Sponsor Information. Name of Action or Project: Adoption of LL of 2023 to amend Chapter 179 "Zoning" of Town Code Project Location (describe, and attach a general location map): awn of Queensbury (town-wide) Brief Description of Proposed Action (include purpose or need): The Town Board wishes to amend Chapter 179 of Queensbury Town Code to regulate specific cannabis businesses and amend use requirements related to agriculture. The amendments are necessary and desirable to protect the public health, safety, welfare, and environmental resources, provide a consistent regulatory pathway for the cannabis industry consistent with state regulations, foster a healthy, diverse and economically viable cannabis industry that contributes to the local economy, and ensure that environmental, public health, safety and nuisance Factors related to both the cannabis industry and agriculture are adequately addressed. The proposal local law would amend Section 179-2-0101 {Definitions and word usage), Section 179-10-070 (Specific Standards) and Tables 2, 3 & 4 of Chapter 179 of Queensbury Town Code. Name of Applicant/Sponsor: Telephone: 518-761-8229 Town Board, Town of Queensbury E-Mail' ' gfaysupenrlsor oQqueensbury.net Address: 742 Bay Road City/P(:): Queensbury State: IVY Zap Code: 12804 Project Contact (if not same as sponsor; give name and title/role): Telephone: 518-761.8222 Stuart G. Baker, Senior Planner E-Ma il ` stuartbQqueensbury.net Address: same City/Po: State: Zip Code: Property Owner (if not same as sponsor): Telephone: E-Mail: Address: City/PO- State: Zip Code: Page I of 13 FEAF 2019 Y } 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 Council, Town Board, ®YesONo Adoption of Local Law by Town Board November 2022 or Village Board of Trustees b. City, Town or Village ©Yes[JNo Planning Board or Commission c. City, Town or E:lYesONo Village Zoning Board of Appeals d. Other local agencies 0Yes©No e. County agencies ®YesONo NY$ GML 239-m review November 2022 f. Regional agencies QYesE]No g. State agencies ®Yes©No Adirondack Park Agency Noverntaar 2022 h. Federal agencies (3YesE3No i_ Coastal Resources_ i. Is the project site within a Coastal Area, or the waterfront area of a Designated Inland 'Waterway? DYes®No ir. Is the project site located in a community with an approved Local Waterfront Revitalization Program? O Yes®No iii. is the project site within a Coastal Erosion Hazard Area? Cl 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 ®Yes[3No only appr s which must be ranted to enable the proposed action to proceed? • If No, proceed to question C.2 and complete all remaining sections and questions in Part I C.2. Adopted land use plans. a. Do any municipally- adopted (city, town, village or county) comprehensive land use plan(s) include the site ®YesMNo where the proposed action would be located? If Yes, does the comprehensive plan include specific recommendations for the site where the proposed action EJYes®No would be located? b. Is the site of the proposed action within any local or regional special planning district (for example: Greenway; l3YeslZlNo 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, OYesoNo or an adopted municipal farmland protection plan? If Yes, identify the plan(s): 2003 Town of Queensbury Open Space Vision Plan Page 2 of 13 e C.3. Zoning a. Is the site of the proposed action located in a municipality with an adopted zoning law or ordinance. OYesElNO If Yes, what is the zoning classification(s) including any applicable overlay district? Proposed action would amend permitted uses in the Commercial Intensive, Commercial Light Industrial, Land Conservation and Rural Residential zoning districts b. Is the use permitted or allowed by a special or conditional use permit? O YesCINo c. Is a zoning change requested as part of the proposed action? OYesONo If Yes, t. What is the proposed new zoning for the site? The proposal local law would amend multiple sections of the Zoning Code. CA. Existing community services. a. In what school district is the project site located? Lake George, Queensbury, Glens Falls & Hudson Falls school districts b. What police or other public protection forces serve the project site? Warren County Sheriffs Department NYS Police c. Which fire protection and emergency medical services serve the project site? Bay Ridge No. Gibury Q'bury Central So O'bury & West Glens Falls fire districts; Bay Ridge No. Queensbury & West Glens Falls EMS districts d. What parks serve the project site? All NYS Warren County and Town of Queensbury parks D. Project Details D.I . 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? 0 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? OYes ONo If Yes, i. Purpose or type of subdivision? (e.g., residential, industrial, commercial; if mixed, specify types) H. Is a cluster/conservation layout proposed? OYes ONo iii. Number of lots proposed? iv. Minimum and maximum proposed lot sizes? Minimum Maximum c. Will the proposed action be constructed in multiple phases? OYesONo 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 t T f. Does the project include new residential uses? oYes❑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)? [JYesDNo 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 ❑YesE]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: rif. 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: f . What is the purpose of the excavation or dredging? fi_ How much material (including rock, earth, scdiments, 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? El 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 viff. 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 e ii. Describe how the proposed action would affect that watertiody 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. ui. Will the proposed action cause or result in disturbance to bottom sediments? DYesONo If Yes, describe: iv. Will the proposed action cause or result in the destruction or removal of aquatic vegetation? ElYesEJNo 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? D Yes 5TO 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 Olo If Yes: • Name of district or service area: • Does the existing public water supply have capacity to serve the proposal? 0 YesO No • Is the project site in the existing district? © YesO No • Is expansion of the district needed? M Yesn No • Do existing lines serve the project site? ElYesONo iii. Will line extension within an existing district be necessary to supply the project? DYesONo 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 YcsC]No If, Yes: • AppIicantfs Pon sor 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? El Yes ONo 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): di. Will the proposed action use any existing public wastewater treatment facilities? OYesONo 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? DYesONo • Is the project site in the existing district? DYes[3No Is expansion of the district needed? DYesONo 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, W. 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 1V 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 ❑YesONo ambient air quality standards for all or some parts of the year) i4 In addition to emissions as calculated in the application, the project will generate: • Tons/year (snort tons) of Carbon Dioxide (CO2) • Tons/year (short tons) of Nitrous Oxide (N20) • Tonslyear (short tons) of Pert]uorocarbon s (PFCs) • Tons/year (short tons) of Sulfur Hexafluoride (SF6) • Tons/year (short tons) of Carbon Dioxide equivalent of Hydroflourocarbons (HFCs) • Tonslycar (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, ElyesoNo, 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 DYes❑No new demand far transportation facilities or services? If Yes- i. When is the peak traffic expected (Check al] that apply): ❑ Morning ❑ 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): iei. Parking spaces: Existing Proposed Net increaseldecrease 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 '/2 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); hi". Wilt the proposed action require a new, or an upgrade, to an existing substation? ❑Yes❑Na 1. Hours of operation. Answer all items which apply. i. During Construction; !i. During Operations: • Monday - Friday: 0 Monday - Friday: a Saturday: • Saturday: Sunday: a Sunday: • Holidays: * Holidays: Page 7 of 13 m_ Will the proposed action produce noise that will exceed existing ambient noise levels during construction, ❑ Yes❑I%io 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? El Yes El No If yes: i_ Describe source(s), location(s), height of fixture(s), direction/aim, and proximity to nearest occupied structures: Fi. 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): iL 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-sitc: + Construction: r Operation: Page 8 of t 3 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), ff. Anticipated rate of disposal/processing. * Tons/month, if trans€er 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 far 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.I. 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): id- If mix of uses, generally describe: b. Land uses and covertypes on the project site. Land use or Current Acreagc 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 y c. Is the project site presently used by members of the community for public recreation? �YesO1Vo i. if Yes: explain: d. Are there any facilities serving children, the elderly, people with disabilities (e_g,, schools, hospitals, licensed ElYesONo day care centers, or group homes) within I500 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. ill. 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? ❑ YesO No • If yes, cite sources/documentation: it. Describe the location of the project site relative to the boundaries of the solid waste management facility: W. 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- It. 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 Iisted 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 number(s)_ ❑ Neither database ir". If site has been subject o€RCRA corrective activities, describe control measures: U4 Is the project within 2000 feet of any site in the NYSDEC Environmental Site Remediation database? DYe5E]No If yes, provide DEC ID number(s): iv. If yes to (i), (i i) 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: a/o 4/a 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 Q .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? El 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, ❑yesONo ponds or lakes)? oz. Do any wetlands or other waterbodies adjoin the project site? ❑Yes❑No If Yes to either i or U, continue. If No, skip to E.21. Hi. 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 ❑Yes E3No 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❑No j. Is the project site in the 100-year Floodplam? ❑Yes[DNo k_ Is the project site in the 500-year Floodplain? E]Yes❑No 1. Is the project site located over, or immediately adjoining, a primary, principal or sole source aquifer? Dyes❑No If Yes: i_ Name of aquifer: Page I 1 of 13 M. Identify the predominant wildlife species that occupy or use the project site: , n. hoes the project site contain a designated significant natural community? El yes E]No If Yes: i. Describe the habitat/community (composition, function, and basis for designation): it. 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 ❑ YesONo 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 YesONo 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? DYes[:JNo 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 OYes[3No 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? E]YesONo i. If Yes: acreage(s) on project site? it. Sources) of soil rating(s): c. Does the project site contain all or part of, or is it substantially contiguous to, a registered National ©YesElNo 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? DYesQNo If Yes: i. CEA name: it. 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 ❑ YesO 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: ❑Archaeological Site ClHistoric Building or District h. 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 ONo 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❑No scenic or aesthetic resource? If Yes: i. Identify resource: fi. Nature of, or basis for, designation (e.g., established highway overlook, state or local park, state historic trail or scenic byway, etc.): W. 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: fi. 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 1 certify that the information provided is true to the best of my knowledge. Applicant/Sponsor Name Town Board, Town of Queenabury _ _ Date Signature Title Town Supervisor PRINT FORM Page 13 of 13 Agency Use Only llf applicable] Full En vironmental Assessment Form Pro)2Cl ; 1AAWlion of LL _of 2023 Part 2 - Identification of Potential Project Impacts Date : r1r2l12Z Part 2 is to be completed by the lead agency. Park 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 Park 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 ) I "Yes ", answer questions a - I "No ", move on to Seclion 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. Elf ❑ ❑ c. The proposed action may involve construction on land where bedrock is exposed, or Eta ❑ ❑ generally within 5 feet of existing ground surface. d. The proposed action may involve the excavation and removal of more than 1 ,000 tons 132a ❑ ❑ of natural material_ e. The proposed action may involve construction that continues for more than one year D 1 e © ❑ or in multiple phases. f The proposed action may result in increased erosion, whether from physical 132e, D2q E] ❑ 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 l i ❑ ❑ h- Other impacts: -7 ❑ 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 ❑ YES minerals, fossils, caves). (See Part 1 . E.2.g) I "Yes ", answer questions a - c. I "No " move on to Section 3. Relevant No, or Moderate Part l small to large Question(s) impact impact may may occur occur a. Identify the specific land forms) attached: Egg ❑ ❑ b. The proposed action may affect or is adjacent to a geological feature listed as a E3c ❑ p 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. Y "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. 1])2b, Dlh ❑ ❑ 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 o 0 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 ❑ L runoff or by disturbing bottom sediments. f. The proposed action may include construction of one or more intake(s) for withdrawal D2c C1 ❑ of water from surface water. g. The proposed action may include construction of one or more outfall(s) for discharge D2d O 13 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 E21h © ❑ downstream of the site of the proposed action. j . The proposed action may involve the application of pesticides or herbicides in or D2q, E2h ❑ O around any water body. k. The proposed action may require the construction of new, or expansion of existing, Dla, D2d O wastewater treatment facilities. Page 2 of 10 ---------------- 1. Other impacts: 0 ❑ 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. 132d, E21 e. The proposed action may result in the construction of water supply wells in locations 132c, E1 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, Ell ❑ ❑ 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, 132c h. Other impacts: © 1:1 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. I "No ", move on to Section 6. Relevant No, or Moderate Part I small to Inrge Question(s) impact impact may may occur occur a. The proposed action may result in development in a designated floodway. Eli ❑ ❑ 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. Elk ❑ ❑ 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. D2b9 Eli, ❑ ❑ E2', E2k f. If there is a dam located on the site of the proposed action, is the dam in need of repair, E1 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. LJNO YES (See Part 1 . D.2.f., D.2.h, D.2.g) if "Yes ", answer questions a -f If d'mo ", move on to Section 7. Relevant No, or I 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 (NZO) 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 ❑ 13 ❑ Elv. More than 1000 ton slyear of carbon dioxide equivalent of D2g hydrochloroflourocarbons (HFCs) emissions vi. 43 tons/year or more of methane 132h ❑ ❑ 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 ibs_ 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.) El No ❑ YES I "Yes ", answer questions a J. I "No ", move on to Section 8. Relevant No, or Moderate Part 1 small to large Question($) impact impact may may occur occur a. The proposed action may cause reduction in population or loss of individuals of any Ego ❑ ❑ 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 Ego ❑ ❑ 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 Elm ❑ ❑ 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, E3b ❑ ❑ 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.) [:]NO QYEs I `"Yes ", answer questions a - h. I "No " . move on to Section 9. Relevant No, or Moderate Part I small to large Question($) impact impact may may occur occu r a. The proposed action may impact soil classified within soil group 1 through 4 of the Etc, 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 1p acres if not within an Agricultural District. e. The proposed action may disrupt or prevent installation of an agricultural land El a, E 1 b ❑ ❑ management system. f: The proposed action may result, directly or indirectly, in increased development C2c, C3, ❑ O potential or pressure on farmland. D2e7 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 NO ❑YES sharp contrast to, current land use patterns between the proposed project and a scenic or aesthetic resource_ (Part 1 . E. La, E. Lb, E.3.h.) 1 "Yes ", answer questions a - g. I "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 ❑ O scenic or aesthetic resource. b. The proposed action may result in the obstruction, elimination or significant E31:i, C2b ❑ ❑ screening of one or more officially designated scenic views. c_ The proposed action may be visible from publicly accessible vantage points: E3h L Seasonally (e.g., screened by summer foliage, but visible during other seasons) ❑ ❑ ii. Year round O 1:1 d. The situation or activity in which viewers are engaged while viewing the proposed E3h action is: E2q i. Routine travel by residents, including travel to and from work ❑ ❑ ii_ Recreational or tourism based activities Ele ❑ ❑ 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, Dlg 0- 1/2 mile '!z -3 mile 3-5 mile 5t mile g. Other impacts; Cl ❑ 10. Impact on Historic and .archeological Resources The proposed action may occur in or adjacent to a historic or archaeological [::]NO DYES resource. (Part 1 . E.3.e, f and g_) if "Yes ", answer questions a - e. If "No ", go to Section IL Relevant No, or Moderate Part I small to large Question(s) impact impact may 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 ❑ 1771 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 ❑ 0 to, an archaeological site not included on the NY SHPO inventory. Source: Page G of 10 d_ Other impacts: ❑ ❑ If any of the above (a-d) are answered "Moderate to large impact may C. 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 E3c, E3g, ❑ ❑ of the site or property, E3 f ii. The proposed action may result in the alteration of the property's setting or E3e, E3f, integrity. E3g, E t a, Etb iii. The proposed action may result in the introduction of visual elements which E3e, E3f, C] 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. l .c., ) .2.q.) ff "Yes ", answer questions a - e. if "No ", o ►o 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 132e, El b ❑ 0 services", provided by an undeveloped area, including but not limited to stormwater E2h, storage, nutrient cycling, wildlife habitat. Elm, Ego, E2n, E2 b. The proposed action may result in the loss of current or future recreational resource. C2a, Etc, ❑ ❑ C2c, E2 c. The proposed action may eliminate open space or recreational resource in an area C2a, C2c 0 0 with few such resources. Etc, E2q d. The proposed action may result in loss of an area now used informally by the C2c, El 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 El NO F'J YES environmental area (CEA). (See Part 1 . E.3.d) I "Yes ", answer questions a - c. I "No ", go to Section 13. Relevant No, or Moderate Part 1 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 © C} 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. ❑Nd ❑ YES (See Part 1 . D.2.j) I "Yes ", answer questions a - I "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. ONO ❑ YES (See Part 1 . D.2.k) I "Yes ", answer questions a - e. I "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 DIf, ❑ ❑ 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 D 1 g ❑ ❑ 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. ❑Nc) ❑ YES (See Part 1 _ D_2_m., n., and o.) ff "Yes ", answer questions a - f I "No ". go to Section 16. Relevant No, or Moderate Part 1 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, Eld ❑ ❑ 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 ❑ ❑ 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 l� The proposed action may have an impact on human health from exposure Q NO u 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. I "No ", &o to Section 17. Relevant Na 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. E lg, E l h ❑ ❑ c. There is a completed emergency spill remediation, or a completed environmental site E lg, E1 h ❑ ❑ 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 El g, E 1 h ❑ ❑ property (e.g., easement or deed restriction). e. The proposed action may affect institutional control measures that were put in place Elg, Elh [Q ❑ 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 solid waste D2q, Elf ❑ ❑ management facility. h- The proposed action may result in the unearthing of solid or hazardous waste. D2q, Elf ❑ ❑ 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 E 1 f, E 1 g ❑ ❑ a site used for the disposal of solid or hazardous waste. E l h k. The proposed action may result in the migration of explosive gases from a landfill E 1 f, E lg ❑ ❑ site to adjacent off site structures. I. The proposed action may result in the release of contaminated leachate from the 132s, Elf, ❑ ❑ project site. D2r in. Other impacts: ❑ Page 9 of 10 r ' 17. Consistency with Community Plans The proposed action is not consistent with adopted land use plans. ONO DYES (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 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, E 1 b b. The proposed action will cause the permanent population of the city, town or village C2 ❑ 0 in which the project is located to grow by more than 5%. c. The proposed action is inconsistent with local land use plans or zoning regulations. (72, C2, C3 ❑ ❑ d. The proposed action is inconsistent with any County plans, or other regional land use C2, C2 ❑ ❑ plans. c- The proposed action may cause a change in the density of development that is not C3, D 1 c, ❑ ❑ supported by existing infrastructure or is distant from existing infrastructure. Did, Dlf, Dld, Elb f The proposed action is located in an area characterized by low density development C4, 132c, 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. tither: ❑ ❑ 18, Consistency with Community Character The proposed project is inconsistent with the existing community character. rJN4 YES (See Part 1 . C.2, C.3, 13.2, E.3) ff "Yes ", answer questions a - g. 1 "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_ h. The proposed action may create a demand for additional community services (e.g. C4 ❑ 0 schools, police and fire) c. The proposed action may displace affordable or low-income housing in an area where C2, C3, Dlf ❑ Cl there is a shortage of such housing_ Dig, Eta d. The proposed action may interfere with the use or enjoyment of officially recognized C2, E3 ❑ ❑ or designated public resources. c. 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 CI O Ela, Elb E2 , E2h g. Other impacts: ❑ O PRINT FULL FORM Page 10 of 14 Agency Use only [IfAppllcablel Project : Jar otpbo of LL W.:� of 2023 � Date : 111121t22 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. a Assess the importance of the impact. Importance relates to the geographic scope, duration, probability of the impact occurring, number of people affected by the impact and any additional environmental consequences if the impact were to occur. + The assessment should take into consideration any design element or project changes. + Repeat this process for each Part 2 question where the impact has been identified as potentially moderate to large or where there is a need to explain why a particular element of the proposed action will not, or may, result in a significant adverse environmental impact_ * Provide the reason(s) why the impact may, or will not, result in a significant adverse environmental impact ■ For Conditional Negative Declarations identify the specific condition(s) imposed that will modify the proposed action so that no significant adverse environmental impacts will result. + Attach additional sheets, as needed. Determination of Significance - Type 1 and Unlisted Actions SEQR Status: © Type I 0 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 as lead agency that: 0 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. M 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 [.7NLISTED actions (see 6 NYCRR 617.7(d)). 0 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 Local Law No.: _ of 2023 Name of Lead Agency: Town Board, Town of Queensbury Name of Responsible Officer in Lead Agency: John F. Strough, Itl 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 Baker, Senior Planner Address: Town of Queensbury, 742 Bay Road, Queensbury NY 12804 Telephone Number: 518-761-8222 E-mail: stua rtb(gqu een sbu ry.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: httn://www.dec.ny.gov/cnb/enb,htm) -------------------- PRINT FULL FORM page 2 of 2 Town of Queensbury Community Development Office 742 Bay Road, Queensbury, NY 12804 Town of Queensbury Planning Board RESOLUTION -Planning Board Recommendation to the Town Board for Cannabis Legislation WHEREAS, The Town Board wishes to amend Chapter 179 of Queensbury Town Code to regulate specific cannabis businesses and amend use requirements related to agriculture. The amendments are necessary and desirable to protect the public health, safety, welfare, and environmental resources, provide a consistent regulatory pathway for the cannabis industry consistent with state regulations, foster a healthy, diverse and economically viable cannabis industry that contributes to the local economy, and ensure that environmental, public health, safety and nuisance factors related to both the cannabis industry and agriculture are adequately addressed. Local law needs to be reviewed pursuant to the State Environmental Quality Review Act (SEQRA) before adoption and enactment. Town Board will act as lead agency to review proposal to amend Chapter 179 `Zoning' of Queensbury Town Code to regulate specific cannabis businesses and amend use requirements related to agriculture; WHERAS, The Town Board referred this proposed change to the Planning Board for an advisory recommendation pursuant to Section 179- 15-020, resolution number 389-2022 dated onl0/22/2022; MOTION FOR RECOMMENDATION TO THE TOWN BOARD TO PROVIDE FAVORABLE RECOMMENDATION FOR LEGISLATION APPROVAL; AS WELL AS CONSENTS TO THE TOWN BOARD TO BE LEAD AGENCY FOR THIS MATTER The Planning Board, based on limited review, has not identified any significant adverse impacts that cannot be mitigated with this proposal, but have the following recommendations. 1 . Consideration of a decommissioning plan for nurseries. Introduced by Michael Dixon who moved for its adoption. Motion seconded by Brad Magowan. Duly adopted this 15th day of November 2022 by the following vote: AYES : Mr. Dixon, Mr. Longacker, Mr. Stark, Mr. Magowan, Mr. Etu, Mr. Deeb, Mr. Traver NOES. NONE Phone: 518.761 .8220 1 Fax: 518.745.4437 1 742 Bay Road, Qtwensbury, NY 12804 1 www.que'ensbijry.net