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Tab E September 12,2016 Chapter 179.Zoning Article 10.Special Use Permits 179-10-60. General Criteria A. Harmony with Comprehensive Plan: The proposed use is in harmony with the numerous commercial gravel pits and waste transfer station in the immediate vicinity of the proposed project. The established driveway entrance through the Kubricky gravel pit property that will be utilized for ingress and egress to the proposed project provides easy, safe access to State Route 9L (Ridge Road). The use of the Ridge Road (9L) access dramatically improves the health, welfare and safety of the Town and its residents,by removing the trucktraffic from the existing narrow Dream Lake Road and eliminating the impact to the 15 residences along Dream Lake Road, B. Com atibilit : The proposed use is compatible with the industrial, commercial nature of the Route 9L (Ridge Road)corridor that includes a proposed cell tower,gravel pits and a waste transfer station. The processing and extraction of minerals is an allowable use in this RR-5 zone. The area of the proposed continuation has at least 6 similar gravel pit operations in the area. The proposed operation will be closely regulated by NYSDEC with respect to hours of operation, on-site drainage, ingress/egress, water and stormwater management and reclamation. No blasting is involved in our process. The NYSDEC will treat the proposed continuation as a modification to our existing permit and will not require a new, separate permit to be filed. C. Access, Circulation and Parking: The proposed access via the Kubricky property provides safe and efficient ingress and egress to the proposed project. The access road into the proposed site will be constructed 24 ft. wide to provide emergency and commercial vehicles ample access to the proposed operation. The site provides plenty of off road parking and loading areas. A gate will be installed to provide security at the entrance. Pedestrians will not be allowed access into the site. D. Infrastructure and Services: No infrastructure and/or services will be required for the proposed use. No strain or demand will be placed on the existing infrastructure or services of the Town. The proposed use should not create any nuisances from the operation. We will continue to locate the processing equipment at the lowest part of the operation,when practical,to minimize any noise,dust and/or visual impact to the public. The natural topography of the land surrounding the proposed site is higher and heavily forested which creates a natural buffer. No waste or hazardous materials are generated by the operation and a dumpster is utilized to remove any trash that may accumulate. The gate that will be installed will restrict access and prevent loitering and/or access during non- working hours. Our existing operation has been operating for several years with no acts of vandalism, loitering or suspicious criminal activity being encountered. The application of water to the access roads and plant environs mitigate any dust concerns. E. Environment and Natural Features: The proposed operation will be a continuation of the existing processing operation. The proposed site contains gravel materials consistent with our current operation. The continuation of our existing processing operation does not create any risk of fire, flood or erosion. There will be no impacts from emissions of electrical charges, no lighting is necessary, no vibration is generated and noise will be mitigated by locating the operation in the lowest point of the pit, when practical. During the site visit, by the planning board,several members commented on how quiet the operation was. The operation is regulated and monitored by NYSDEC, the Mine Safety &Health Administration(MSHA)and we have an annual inspection by NYSDOT. All of the existing permit conditions will most likely apply to the proposed site. F. Lone Term Effects: The proposed use will provide a positive/beneficial/calming effect for the 15 homeowners along Dream Lake Road. The removal of the truck traffic will enhance the serenity of the neighborhood,by eliminating any noise,dust,and/or vibrations caused by the truck traffic passing in such close proximity to the residences, especially during the winter months when snowbanks further limit the roadway width. The proposed use will significantly improve the safety of the users of Dream Lake Road by eliminating the truck traffic on this narrow road. The Town will benefit by not having to expend funds to maintain the road to support the truck traffic. The continued, reliable supply of aggregates to Duke Concrete, a local concrete block manufacturer, is another positive long-term effect. Maintaining the jobs at the continuing operation and the use of local vendors and suppliers, whenever possible, will provide a positive, long-term,economic benefit to the area. September 14,2016 Zoning Chapter 179-10-070 Sect. G. 1-7 Responses to Special Use Permit Criteria-Specific to Commercial Extraction G. We are regulated by the NYSDEC with respect to mining. We have a valid mining permit that expires on March 1, 2020, The APA has sent a letter with a Jurisdictional Determination stating a permit from the APA will not be necessary for the proposed continuation. (See letter in correspondence tab). 1. The Town amended the zoning ordinance to include the extraction of sand and gravel as an allowed use in an RR-5 zone, on parcels of 25 acres or greater with a Special Use Permit. • The 1,000 ft. (horizontal distance) from any existing residence was addressed in a letter from the Town of Queensbury to Fort Miller that stated the 1,000 ft. was to be treated as a buffer requirement rather than a setback requirement and would be discussed during the planning review of the project. (See letter in correspondence tab). 2. The NYSDEC requires a 25 ft.setback requirement from adjoining properties,the reclamation plan approved by NYSDEC in July 1994 added an additional 25 ft. setback to comply with The Town of Queensbury 50 ft. setback requirement. We have maintained this 50 ft. setback and have been r—� operating under this pre-existing condition since our purchase in 2010. Since the continuation will be a modification of our existing permit, we understand that the 50 ft. setback will be a requirement of the proposed continuation. The top of any slope will not be closer than 200 ft.to any public highway or water body or watercourse. I We have maintained a 50 ft. natural vegetation buffer from adjoining properties pursuant to our approved NYSDEC plan. The existing topography and vegetation screen the operation from view. 4. We have submitted, as part of our Special Use Permit/Site Plan Application Materials, a copy of out approved NYSDEC permit and the approved Reclamation Plan. 5. a) The Existing driveway entrance via the Kubricky site is directly on State Route 9L. b) State Route 9L is a state highway. c) The NYSDEC Permit addresses these issues. d) Hours of operation—see DEC Permit e) See approved Reclamation Plan and Band information. 6. We are regulated by NYSDEC. 7. T.B.D. by the Queensbury Planning Board.