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4.12
4.12 ZONING\\Rezoning App to Planning Board – AVIATION MALL NEWCO LLC – 3-9-20 RESOLUTION AUTHORIZING TOWN CLERK TO SUBMIT AVIATION MALL NEWCO, LLC’S PETITION FOR CHANGE OF ZONE APPLICATION TO QUEENSBURY PLANNING BOARD AND REQUESTING SEQRA LEAD AGENCY STATUS RESOLUTION NO.: ___________________________________________________, 2020 INTRODUCED BY: ___________________________________________________ WHO MOVED ITS ADOPTION SECONDED BY: ___________________________________________________ WHEREAS, Aviation Mall Newco, LLC submitted a Petition for Change of Zone to the Queensbury Town Clerk’s Office on December 5, 2019 to allow for the addition of multi-family residential as allowed by Site Plan Review and to amend parking and subdivision requirements in the Enclosed Shopping Center (ESC) zoning district, and WHEREAS, the Town Board met with the applicant and their agent at Town Board Workshop meetings on December 11, 2019 and March 2, 2020 to discuss changes to the proposed zoning code amendments, and WHEREAS, Aviation Mall Newco, LLC submitted an amended Petition for Change of Zone application on or about March 5, 2020 to allow for the addition of multifamily residential uses by Site Plan Review and 26 commercial uses by Site Plan Review or Special Use Permit, and WHEREAS, the application has been reviewed by the Town Planning Staff and deemed complete for purposes of review, and WHEREAS, applications for zoning changes and are subject to Warren County Planning Department review in accordance with §239-m of NYS General Municipal Law, and WHEREAS, applications for zoning changes may be forwarded to the Town Planning Board for recommendations in accordance with §179-15-040 of the Town Zoning Ordinance, and WHEREAS, following such recommendations, the Queensbury Town Board will review the application and take such other action as it shall deem necessary and proper, and WHEREAS, prior to making a decision about whether to approve the zoning change, it is necessary to conduct a review under the New York State Environmental Quality Review Act (SEQRA) for potential environmental effects, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby authorizes and directs the Town Clerk to forward Aviation Mall Newco, LLC’s application received by the Town Clerk’s Office on or about March 5, 2020 to the Queensbury Planning Board for review, report and recommendation, and BE IT FURTHER, RESOLVED, that the Town Board authorizes and directs the Town Supervisor to execute any necessary documents and the Town’s Department of Community Development to notify, if and when appropriate, any other Involved Agencies of the Town Board’s intent to act as Lead Agency for SEQRA Review of the project and the Town Supervisor, Town Clerk and/or Department of Community Development to take any other necessary actions to effectuate the terms of this Resolution. th Duly adopted this 9 day of March, 2020 by the following vote: AYES : NOES : ABSENT : PONUF PAOL E. nowF BARTLETT,PONTIFF,STEWART&RHODES,P.C. IGRLA WHIAAME BuLT wm ALAN R.RMcM ELi MWM B.MABONEY Ros>rRT S. CMn1�x ATTORNEYS AT LAW JoBN D.WRIGBr PHRM C.MCINTME P.O.BOX 2168 JESSICA HUGAEONE VINSON MARK A.LEBowiTi ONE WASHINGTON STREET J.L coLm BE WHARPALTR wr12 GLENS FALLS,NEW YORK 12801-2t66 BEN.IAMW R.PRATr,JR. MALCOLM B.O'HARA PATRICIA E.WATKINs O covian MARK E.CERASANO BRUCE O.LIPTO n TELEPHONE(518)792-2117 � �J.BAx�Y E7T PAULA NAAEAU BERUSE FAX(519)792.3309 1926-2015 JoxATRAx C L Arm EMAIL loWbwrlaw tom RORMTS.S awARr JAMES R.BURKM WEBSffE www.bpsriaw.com 1932.2881 SIEFANIE DILALLo BrnxR BERTRAM J.Dun SERVICE BY FACSIMILE NOT ACCEPTED 19161999 March 3, 2020 John Strough,Supervisor and Members of the Town Board Queensbury Town Board 742 Bay Road Queensbury NY 12804 �m Re: Aviation Mall Newco LLC Dear Supervisor Strough and Town Board Members: On behalf of Aviation Mall Newco LLC,the owner of Aviation Mall, I am hereby submitting a petition for a zoning code change to allow a limited percentage of multi-family residential/apartment house condos as a permitted use in the Enclosed Shopping Center zoning district along with an enhanced list of other primary and ancillary uses from the Town's Commercial Use list. This is intended to provide long term stability for the mall and the Town of Queensbury. Also enclosed is the Full Environmental Assessment Form,a map showing properties within 500 feet of the mall, a list of property owners within 500 feet of the mall. A check for the application fee in the amount of$250.00 has previously been delivered. We request that you place this request on the Town Board agenda for your March 9, 2020 meeting for a referral to the Town Planning Board for a recommendation. Very truly yours, BARTLETT,PONTIFF, STEWART &RHODES,P.C. By0i'r-e'cc1t d�C. Lapper,Esq. #:(518)832-6434 Fm#.(S18)824-1034 E-Mail:jcla6nsrlaw.com Encl. cc: David Aitken(via email) James Griffith(via email) F ROVIled Oct LWo Signature Papa This papa includes the 14 Authorkallon to Act as Agent Form: 2)Engineering Fee Disclosure;3.)Authorization for Site Vials; 4.) Other PernN Responsibflities; Q Offidal Meeting Disclosure and L)Agreement to provide dock m&*1lon required. Complete the falooft if the OWNER of the property Is not the same as the applicant owner. Aviation Mall Newco LLC Designates: Jon C.Lapper,Esq.BPSR PC As agent regardfn Variance Site Plan Subdivision Petition to Change Zonis For Tax Map No.: Section Block Lot Dead R Book Page Dabs had map and parcel list OWNER SMATURE: DATE a Complete the following If the APPLICANT is unable to attend the maetbg or wishes to be represented by another party: Owner. Designates: As agent regarding: Variance Site Plan SubdWbbn For Tax Map No.: Section Skx* Lot Deed Reference: -Book Page Date OWNER SIGNATURE: DATE: 2,1 EUQIMMimN13 FEE DISCLOSURE: Applications only be referred to the Town consulting engineer for review of septic design. storm drainage,stc as determined by the Zoning or Planning Departmart. Fees for engineerhg review services will be charged directly to the applicant. Fees for enghresrtng review will not exceed$1,000 without notlecstbn to the applicant. 3.1 AUIMRLMON FOR SITE VISITS: By signing this page and Submitting the applkWJon n ola,ale attached herein, the Owner,Appltcerrt,and hisfharltheir agangs)hereby authorize the Zoning Boom or Planning Board and Town Staff to enter the subject properties for the purpose of reviewing the application submlted. 4.1 OTHER PERMIT RESPONSIBILITIES: Other pennke may be required for construction or alteration acdvky subsequent to approve]by the Zoning Board or Planning Board. It is the applcanr's responsibility to obtain any additional permits. W OFFICIAL MEETING MINUTES 2j8CLOSURE: It is the practice of the Community Development Department to have a designated stenographer tape record the prooaeftW of meetings resulting from application, and minutes transcribed from those tapes oonstkutes the of ial record of all proceedings. . till AQ6=6NT TO PROMUC DOMMIEWATION REQUIRED: I, the undersigned, have ttmroughly read and understand the insbuctions for submission and agree to the submission requiremerrts, i acknowledge no corabructlon activities shall be commenced prior to lastiance of a valid permit. I certify that the application, plans and supporting rmaterlais are a true and =nplate statementMescription of the eileting conditions and the work proposed,and that all work will be pertorned in scoordo with the approved plans and In conformance with local m"V regulations. I acknowledge that prior to occupying the fedlkfes proposed, i or my agents, will obtain a certificate of ocarpancy as necessary. I also understand that 11we may be required to provide an as-but survey by a loensed land surveyor of all newly constructed ted fac lEtifes prior to issuance of a oertlnoate of occupancy I Dave read and agree to the above. SIGNATURE OF APPLICANT: DATE, SIGNATURE OF AGENT: u- `1 DATE: 3 /3 aQ s Revised Oct 2008 TOWN OF QUEENSBURY TOWN BOARD APPLICATION PETITION FOR CHANGE OF ZONE Petition No. (Office Use Only): Applicants Name: Aviation Mall Newco,LLC Address: 578 Aviation Road Oueensbury,NY 12804 To the Applicant: The Queensbury Planning Board will review this Petition and make recommendations to the Town Board. As part of this review, the Planning Board will consider the following questions and submit answers to the Town Board. As the applicant,you will have the option to provide answers for the Boards to consider. 1. What need is being met by the proposed change in one or new zoo ? The addition of a limited percentage of residential apartments and other compatible uses will create a mixed-use development at Aviation Ma w ich will help to nnsition the girnperty for long-term stability. Mall occul2ancY has een affected by online retail sales competition. 2. at existing zones, If any can meet the stated need? The proposal is to amend t)ie existing ESC zone to ac(d multifamily residential development as a permitted use because the mall will ene rt from re eve opment and residential customers. 3. How is the proposed zone compatible with of ja�ent zones? The addition of residential occupants an other appropriate permitted uses shall ring additional customers tot e a ijacent commercial zone and support growth and stability for the entire area. 4. What physical characteristics of the site are suitable to the proposed zone? The existing parking fields are no longer fully needed for retail customers.The Aviation Mall site is suitable for residential occupancy and.available for redcueln=sent 5. How will the proposed zone affect public facilities? It will not,the existing roads can accommodate the residential traffic which is generally off-peak from the retail traffic demand and is offset by reduced mail trattic due to online retail sa es. a current parking requirements are no longer necessary and the parkingwith the added residential will be less than predicted in prior re zoning SEQR reviews.Sewer and water capacity are sufficient for the proposed residents use. 6. Why is the current zone classification not appropriate for the property in question? The F4C zone does not currently permit such multi-family residential develef.�ei}t: 7. What are the environmental impacts of the proposed change? Environmental impacts are minimal because the site is serviced by municipal sewer and water and state roadways. Stormwater will be accommodated and treated/infiltrated nnsite.Tmnervinns area will decrease as a result of additional green space from residential development. Existing mall only has partial infiltration due to grandfather. Increased traffic due to successful 1 redevelopment will still not approach the predicted traffic generation from prior mall rezoning SEQR review. Revised OcG 2008 8. How is the proposal compatible with the relevant portions of the Comprehensive Land Use Master plan? ecommendation D 1 encourages walkability and connections between commercial and residential uses. 9. How are the wider interests of the Community being served by this proposal? Long term stability and success of the Aviation Mall is an important goal for the community.The Economic Development Section of the Town's Comprehensive Land-use Plan recognizes that economic stability is essential and this proposed rezoning will create greater economic stability for the ESC zone. These questions are based on criteria used to review all zoning amendments. 2 Revised Oct.2008 Application- Petition for Change of Zone The applicant must submit a fee of $250 with the original & seventeen (17) copies of all documentation requested in this application to the Town Clerk's office. [Copies are distributed as follows: Town Board (5), Town Clerk(1),Town Counsel (1), Planning Board (9), File Copy(1), and Planning Staff(1). Petition No. (Office Use Only): Date Received by Town Clerk: Date Received by Planning Office: 1. Application For: (check where applicable) Amendment of Zoning Map Amendment of Zoning Ordinance X 2. Current Zoning: ESC Proposed Zoning: Mo i ication tot e ESC Zoning District 3. Project Location: South side of Aviation Road 4. Tax Map ID: 302.5-1-92.11 302.5-1-93.1 and adjacent parcels 5. Applicant: Address: Aviation Mall Newro, TIC -472Ar7;a+;ee Road Phone: n�Lgeens3bgury.NY 12804 6. Applicant's Agent: 5 1on9C. Lapper,Esq. Address: One Washington Street Glens Enll.-,,NY 12R(ll Phone: 518-832-6434 7. Property Owner: Aviation Mall Newco,LLC Address: 4 Clinton Square Syracuse,NAY 13202 Phone: 315� 34 6� 8. Directions to Site: Aviation Road east of I-87 9. Statistics and Data on Property: a. Total Area: sq.ft. or 48.35 acres b. Dimensions: Minimum Width: See Attached Map Average Width: Minimum Depth: Average Depth: 3 Revised Oct.2008 Physical Irregularities(describe): none C. Existing use(s): include structures, outdoor uses, rights of way, easements, deeds and limitations to use of property: Enclosed Shopping Mall with ou parcel hotel and diner, existinpublic cewer'ncl water See attached map d. Adjacent uses within 400 feet: (state direction, location, use,zone&owner): South- Coles Woods;West-T-R7;North and Fact-47nmmercialt„cee attached map e. State, County or Town property within 500 feet: I-87;Town of Queensbury North;Coles Woods (City of Glens Falls) South;Aviation Road is a State Highway. 10. A Map/Survey of the property to be rezoned must be submitted with the application; items A through H must be included on the plan and addressed in the submission A. Map of property at a scale of 1 inch=40 feet or less with scale, north arrow and topography. B. Boundaries of property with dimensions in feet, including zoning boundary. C. Identification of wetlands,watercourses or waterbodies on site. D. Location of any current structures on site, their exterior dimensions, use and setbacks. E. Location of any proposed easements and driveways. F. Location of existing public or private water and sewer facilities. G. Location of existing and proposed parking and loading facilities. H. Identification of uses(i.e. residential, commercial, industrial) on property within 500 feet. 11. If Petition is for an amendment to Zoning Ordinance, cite the section(s) to be changed, and wording to be substituted: see attached 12. In support of this petition, the following statement is made: The proposed limited residential development and other permitted uses will create a mixed use environment at Aviation Mall,which is intended to -sta:l�-s wagthen rang fo;414C�Jt1J-@ 13. The following documents are submitted herewith: LEAF,500 foot radius and zoning map,list of adjacent land owners 4 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 Iis accurate and complete. A.Project and Applicant/Sponsor Information. Name of Action or Project: The addition of residential spertrnents at Aviation Mall Project Location(describe,and attach a general location map): Aviation Mail,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 Newoo,LLC E-Mail:davidaitkon@pyram".com Address:578 Aviation Road C'tylpo:Queensbury State:M, Zip Code:12804 Project Contact(if not same as sponsor,give name and titlelrole): Telephone:518-832-6434 Applicant Agent:Jon C.Lepper,Esq. E-Mail_ Id@bpsriew.com Address: One Washington Street City/PO: State: Zip Code: Glens Fells NY 112801 Property Owner (if not same as sponsor): Telephone: 31"34-7842 Aviation Mall Newoo,LLC E-Mail:davidaitken®pyramidmg.com Address: 4 Clinton Square City/PO: Syracuse State: NY Zip Code:13202 Page 1 of 13 FEAF 2019 B.Government Approvals B.Government Approvals,P unding,or Sponsorship. ("Funding"includes grants,loans,tax relief,and any other forms of financial assistance.) Government Entity If Yes:Identify Agency and Approval(s) Application Date Required (Actual or projected) a.City Counsel,Town Board, ®Yes❑NO Town of Queensbury 1214119 or Village Board of Trustees b.City,Town or Village Oyes❑NO Town of Queensbury Referral by Town Board Planning Board or Commission c.City,Town or ❑Yes®No Village Zoning Board of Appeals d.Other local agencies ❑Yes®No e.County agencies ®Yes❑No Warren Canty,NY Referral by Queensbury f.Regional agencies ❑YesONo g.State agencies ❑Yes®No h.Federal agencies ❑YesONo i. Coastal Resources. i. Is the project site within a Coastal Area,or the waterfront area of a Designated Inland Waterway? ❑Yes 040 ft. Is the project site located in a community with an approved Local Waterfront Revitalization Program? ❑Ycs®No M. Is the project site within a Coastal Erosion Hazard Area? ❑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❑No 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 ®Yes❑No where the proposed action would be located? If Yes,does the comprehensive plan include specific recommendations for the site where the proposed action ❑Yes®No would be located? b.Is the site of the proposed action within any local or regional special planning district(for example:Greenway; ❑YesQ1No 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 located in a municipality with an adopted zoning law or ordinance. ®Yes[:3No 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? OYesr1No 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.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)?Residential b.a.Total acreage of the site of the proposed action? +/-66 acres b.Total acreage to be physically disturbed? TBD acres c.Total acreage(project site and any contiguous properties)owned or controlled by the applicant or project sponsor? +/-54 acres c.Is the proposed action an expansion of an existing project or use? ®YesONo 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 E3No 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? QYes ogo 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? ❑Yes®No i. If No,anticipated period of construction: 18 months ii. If Yes: • Total number of phases anticipated _ • Anticipated commencement date of phase I(including demolition) month year • Anticipated completion date of final phase month __year • Generally describe connections or relationships among phases,including any contingencies where progress of one phase may determine timing or duration of future phases: Page 3 of 13 f Does the project include new residential uses? ®Yes❑No If Yes,show numbers of units proposed. One Family Two Famil Three f=fly Multiple Famil 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)? ❑Yes0No If Yes, L Total number of structures H.Dimensions(in feet)of largest proposed structure: height; width; and length id.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: 0 Ground water❑Surface water streams[]Other specify: ifi. 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 o (Not including general site preparation,grading or installation of utilities or foundations where all excavated materials will remain onsite) If Yes: i.What is the purpose of the excavation or dredging? ii.How much material(including rock,earth,sediments,etc.)is proposed to be removed from the site? • Volume(specify tons or cubic yards): • Over what duration of time? iii.Describe nature and characteristics of materials to be excavated or dredged,and plans to use,manage or dispose of them. iv.Will there be onsite dewatering or processing of excavated materials? Yes No If yes,describe. — -- --.--------___. __ - - _-- v.What is the total area to be dredged or excavated? acres vi.What is the maximum area to be worked at any one time? _ acres vii.What would be the maximum depth of excavation or dredging? Meet viii. Will the excavation require blasting? QYes❑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 fi.Describe bow 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? rIYesE]No If Yes,describe: iv.Will the proposed action cause or result in the destruction or removal of aquatic vegetation? OYCSONO 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? OYes[3No If Yes: i.Total anticipated water usageldemand per day: TSQ gallons/day U.Will the proposed action obtain water from an existing public water supply? OYes EIRo If Yes: • Name of district or service area: Queensbury Consolidated Water District • Does the existing public water supply have capacity to serve the proposal? IZI Yes[3 No • Is the project site in the existing district? OYesE]No • Is expansion of the district needed? E1YesONo • Do existing lines serve the project site? ®Yes[]No X.Will line extension within an existing district be necessary to supply the project? ElYeSO-To If Yes: • Describe extensions or capacity expansions proposed to serve this project: • Source(s)of supply for the district: iv.Is a new water supply district or service area proposed to be formed to serve the project site? ❑Yes[Z]No If,Yes: • Applicant/sponsor for new district: • Date application submitted or anticipated: • Proposed source(s)of supply for new district: --------- v.If a public water supply will not be used,describe plans to provide water supply for the project: vi.If water supply will be from wells(public or private),what is the maximum pumping capacity:_gallons/minute. d.Will the proposed action generate liquid wastes? IZ]Yes[3No If Yes: i. Total anticipated liquid waste generation per day: TBD gallons/day H.Nature of liquid wastes to be generated(e.g.,sanitary wastewater,industrial;if combination,describe all components and approximate volumes or proportions of each): sanitary iii.Will the proposed action use any existing public wastewater treatment facilities? IZ]Yes[3No 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? OyesONO 4 Is the project site in the existing district? OYes[]No 0 Is expansion of the district needed? E]YesONo Page 5 of 13 • Do existing sewer lines serve the project site? ®Yes❑No • Will a tine extension within an existing district be necessary to serve the project? ❑YesONo 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 OYes❑No sources(i.e.ditches,pipes,swales,curbs,gutters or other concentrated flows of stormwatcr)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)? on-site • If to surface waters,identify receiving water bodies or wetlands: _ • Will stormwater runoff flow to adjacent properties? ❑YesoNo N.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 ❑YesONo 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) id.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, ❑YesoNo 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 ❑Yes❑No ambient air quality standards for all or some parts of the year) U.In addition to emissions as calculated in the application,the project will generate: • Tons/year(short tons)of Carbon Dioxide(COO • Tons/year(short tons)of Nitrous Oxide(NZO) • Tons/year(short tons)of Perfluorocarbons(PFCs) • Tons/year(short tons)of Sulfur Hexafluoride(SF6) • Tons,/year(short tons)of Carbon Dioxide equivalent of Hydroflouroearbons(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, Ye No landfills,composting facilities)? If Yes: i.Estimate methane generation in tons/year(metric): ii.Describe any methane capture,control or elimination measures included in project design(e.g.,combustion to generate heat or electricity,flaring): i.Will the proposed action result in the release of air pollutants from open-air operations or processes,such as ❑Yes®No quarry or landfill operations? If Yes:Describe operations and nature of emissions(e.g.,diesel exhaust,rock par iculates/dust): j.Will the proposed action result in a substantial increase in traffic above present levels or generate substantial DYes®No new demand for transportation facilities or services? If Yes: i.When is the peak traffic expected(Check all that apply): ❑Morning ❑Evening ❑Weekend ❑Randomly between hours of to U.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 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 h mile of the proposed site? [-]Yes[ No iii Will the proposed action include access to public transportation or accommodations for use of hybrid,electric ❑YesONo or other alternative fueled vehicles? Wi.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: U.Anticipated sources/suppliers of electricity for the project(e.g.,on-site combustion,on-site renewable,via grid/local utility,or other): id.Will the proposed action require a new,or an upgrade,to an existing substation? QYes[]No 1.Hours of operation. Answer all items which apply. i.During Construction: U. During Operations; • Monday-Friday: TBD • Monday-Friday: Residential ��— • Saturday: • Saturday: • Sunday: • Sunday:—_ • Holidays: — _-- • Holidays: Page 7 of 13 m.Will the proposed action produce noise that will exceed existing ambient noise levels during construction, ❑YesmNo operation,or both? If yes: i. Provide details including sources,time of day and duration: fi. 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? OYes❑No If yes: i.Describe source(s),location(s),height of fixture(s),direction/aim,and proximity to nearest occupied structures: _T13c _ H. 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: i p.Will the proposed action include any bulk storage of petroleum(combined capacity of over 1,100 gallons) [I Yes ONo or chemical products 185 gallons in above ground storage or any amount in underground storage? If Yes: L 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 ONo C insecticides)during construction or operation? If Yes: f i.Describe proposed treatment(s): ii.Will the proposed action use Integrated Pest Management Practices? © Yes []No r.Will the proposed action(commercial or industrial projects only)involve or require the management or disposal ❑ Yes 0No 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) U.Describe any proposals for on-site minimization,recycling or reuse of materials to avoid disposal as solid waste: • Construction: -- ---- - -------- • Operation: — — -- iii.Proposed disposal methods/facilities for solid waste generated on-site: • Construction: • Operation. -- - - ---- ---- i Page 8 of 13 s.Does the proposed action include construction or modification of a solid waste management facility? ❑Yes 0 No If Yes: L Type of management or handling of waste proposed for the site(e.g...recycling or transfer station,composting,landfill,or other disposal activities): H. Anticipated rate of disposal/processing: • Tons/month,if transfer or other non-combustion/thermal treatment,or • Tons/hour,if combustion or thermal treatment iii.If landfill,anticipated site life: years t.Will the proposed action at the site involve the commercial generation,treatment,storage,or disposal of hazardous[]Yes®No waste? If Yes: i.Namc(s)of all hazardous wastes or constituents to be generated,handled or managed at facility: ff.Generally describe processes or activities involving hazardous wastes or constituents: iii. Specify amount to be handled or generated tons/month iv.Describe any proposals for on-site minimization,recycling or reuse of hazardous constituents: v.Will any hazardous wastes be disposed at an existing offsite hazardous waste facility? ❑Yes❑No If Yes:provide name and location of facility: If No:describe proposed management of any hazardous wastes which will not be sent to a hazardous waste facility: E.Site and Setting of Proposed Action E.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. D Urban ❑ Industrial 0 Commercial 0 Residential(suburban) ❑Rural(non-farm) 0 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 Covertype 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 e.Is the project site presently used by members of the community for public recreation? ❑Yes❑No i.If Yes:explain: d.Are there any facilities serving children,the elderly,people with disabilities(e.g.,schools,hospitals,licensed ®Yes❑No day care centers,or group homes)within 1500 feet of the project site? If Yes, i.Identify Facilities: Queensbury Union Free Sd=1 District(School) Adirondack Urgent Care(Hospitall 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: _ W.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? El 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: M.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 ❑YesONo property which is now or was at one time used to commercially treat,store and/or dispose of hazardous waste? If Yes: i.Describe waste(s)handled and waste management activities,including approximate time when activities occurred: h, Potential contamination history. Has there been a reported spill at the proposed project site,or have any ❑Yes®No remedial actions been conducted at or adjacent to the proposed site? If Yes: i.Is any portion of the site listed on the NYSDEC Spills Incidents database or Environmental Site ❑Yes[]No Remediation database? Check all that apply: ❑ Yes—Spills Incidents database Provide DEC ID number(s): _ ❑ Yes—Environmental Site Remediation database Provide DEC ID number(s): ❑ Neither database ii. If site has been subject of RCRA corrective activities,describe control measures: W. Is the project within 2000 feet of any site in the NYSDEC Environmental Site Remediation database? ❑Yes❑No If yes,provide DEC ID number(s): iv.If yes to(i),(ii)or(iii)above,describe current status of site(s): Page 10 of 13 v.Is the project site subject to an institutional control limiting property uses? ❑Yes❑No • If yes,DEC site ID number: • Describe the type of institutional control(e.g.,deed restriction or easement): • Describe any use limitations: • Describe any engineering controls: • Will the project affect the institutional or engineering controls in place? ❑Yes❑No • Explain: — ---- -- —- E.2. Natural Resources On or Near Project Site a.What is the average depth to bedrock on the project site? >5 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: Glacial ra 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:O Well Drained: 80%of site ®Moderately Well Drained: 20%of site ❑Poorly Drained %of site f.Approximate proportion of proposed action site with slopes: ® 0-100/o: 15 %of site ® 10-15%: so %of site ® 15%or greater: 5 %of site g.Are there any unique geologic features on the project site? Elyesowo If Yes,describe: h.Surface water features. i.Does any portion of the project site contain wetlands or other waterbodies(including streams,rivers, ❑Yes®No ponds or lakes)? H.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 M. 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 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? ❑Yes vp4o j.Is the project site in the 100-year Floodplain? ❑YesONo k.Is the project site in the 500-year Floodplain? ❑YesZNo 1.Is the project site located over,or immediately adjoining,a primary,principal or sole source aquifer? ❑YesONO If Yes: i.Name of aquifer: 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? ❑Yes0No If Yes: i.Describe the habitat/community(composition,function,and basis for designation): ii. Source(s)of description or evaluation: W.Extent of community/habitat: • Currently: acres • Following completion of project as proposed: acres • Gain or loss(indicate t or-): acres o.Does project site contain any species of plant or animal that is listed by the federal government or NYS as ❑Yes®No endangered or threatened,or does it contain any areas identified as habitat for an endangered or threatened species? If Yes: 1. Species and listing(endangered or threatened): p. Does the project site contain any species of plant or animal that is listed by NYS as rare,or as a species of Yes❑No special concern? If Yes: i. Species and listing: q.Is the project site or adjoining arm currently used for hunting,trapping,fishing or shell fishing? ❑Yes®No If yes,give a brief description of how the proposed action may affect that use: E.3. Designated Public Resources On or Near Project Site a.Is the project site,or any portion of it,located in a designated agricultural district certified pursuant to ❑Yes®No Agriculture and Markets Law,Article 25-AA,Section 303 and 304? If Yes, provide county plus district name/number: b.Are agricultural lands consisting of highly productive soils present? ❑Yes®No i. If Yes:acreage(s)on project site? H.Source(s)of soil rating(s): c. Does the project site contain all or part of,or is it substantially contiguous to,a registered National ❑Yes®No Natural Landmark? If Yes: i. Nature of the natural landmark: ❑Biological Community ❑ Geological Feature H.Provide brief description of landmark,including values behind designation and approximate sizelextent: d.Is the project site located in or does it adjoin a state listed Critical Environmental Area? ❑Yes®No If Yes: i. CEA name: ii.Basis for designation: W.Designating agency and date: Page 12 of 13 e.Does the project site contain,or is it substantially contiguous to,a building,archaeological site,or district ❑Yes®No which is listed on the National or State Register of Historic Places,or that has been determined by the Commissioner of the NYS Office of Parks,Recreation and Historic Preservation to be eligible for listing on the State Register of Historic Places? If Yes: i.Nature of historiclarchaeological resource: ❑Archaeological Site ❑Historic Building or District U.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 []YcsoNo 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? [3Yes®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 OYes[3No scenic or aesthetic resource? If Yes: i.Identify resource:Warren county Bkoway,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 pails,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 ❑Y 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? []YesONo 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 you 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 Avlamn M@1 Nswoo,Lac Dace 3/3/2020 Signature Title Director of Govemment Affairs PRINT F®RAA Page 13 of 13 �\ \ LEGEND NORTH \ \\ \\ ❑ COMMERCIAL ❑ GOVERNMENT �•�/ \\ \ ■ RESIDENTIAL \ 500'OFFSET OF ENCLOSED SHOPPING CENTER ZONING LINE BUILDING DIMENSIONS ENCLOSED SHOPPING CENTER 719,192 SF \ \ FRIENDLY'S 3,999 SF HOME 2 SUITES 15,665 SF AMBROSIA DINER 5,911 SF T SUNOCO 1,386 SF r!11 I v s, LAKE GEORGE BAKING CO. 1,667 SF 302.05-1-92.11 OTARGET m \ p so2.os1-92.12 �\ IIIzI 1\ ---- \\�` 4a ...,, I PYF2AM1E) `` m 11 1 THE RYRw ro Comm IES \ \\ \ \ SYRACUSE,NEW YORK 1]30] 302sa-93.1 `\\\ Q 8»n c a I4 d I CcZNSBURY, NY SITE PLAN _ 10-0ec-19 N.T.S. GLErAlAWOMNG40191210 SITE 1 \� s i \\\ 1 OTTONV \\\ � GLENNS FALlS PROPERTIES WITHIN 500'AVIATION MALL PROPERTY BOUNDARIES Owner jAddress ICity, State,Zip Tax ID# Use Properties within Enclosed Shopping Center Zone AVIATION MALL NEWCO,LLC 578 Aviation Rd QUEENSBURY,NY 12804 APN 523400 302.5-1-92.11 USE:Enclosed Shopping Center(Aviation Mall) AVIATION MALL NEWCO,LLC 578 Aviation Rd QUEENSBURY,NY 12804 APN 523400 302.5-1-92.2 USE:Enclosed Shopping Center(JCPenney) TARGET CORP T-1830 578 AVIATION RD QUEENSBURY,NY 12804 APN:523400 302.5-1-92.12 Use:Community:Shopping Plaza,Shopping Center,Mini-Mall PCGF NEWCO,LLC 528 AVIATION RD QUEENSBURY,NY 12804 APN:523400 302.5-1-93.1 Use:Parking Lot M V K ENTERPRISES,INC 538 AVIATION RD QUEENSBURY,NY 12804 APN:523400 302.5-1-94 Use:Retail Stores(Lake George Baking Company) GRJH,INC 532 AVIATION RD QUEENSBURY,NY 12804 APN:523400 302.5-1-95 Use:Gas Station(Sunoco Station) AVIATION HOSPITALITY,LLC 524 AVIATION RD QUEENSBURY,NY 12804 APN:523400 302.5-1-96.1 Use:Hotel(Home2Suites) QUEENSBURY DINER,LLC 518 AVIATION RD QUEENSBURY,NY 12804 APN:523400 302.5-1-97 Use:Restaurant(Ambrosia Diner) WILLIAM ROHNE;ELIZABETH PARRY 8 CARLTON DR QUEENSBURY,NY 12804 APN:523400 296.17-1-12 Use:Single Family Residential KENNETH G HOSTELLER IRT;HOSTETLER TR,CYNTHIA A 2 GREENWAY DR QUEENSBURY,NY 12804 APN:523400 296.17-1-13 Use:Single Family Residential NIAGARA MOHAWK POWER CORP DIXON RD QUEENSBURY,NY 12804 APN:523400 301.12-3-75 Use:Government-Vacant Land CITY OF GLENS FALLS DIXON RD OFF QUEENSBURY,NY 12804 APN:523400 302.10-1-1 Use:Recreational/Entertainment(General) DIXON HEIGHTS HOMEOWNERS III DIXON RD QUEENSBURY,NY 12804 APN:523400 302.45-1-1.1 Use:Residential-Vacant Land ROBERT D EATON III 7 SCHOOL HOUSE RD QUEENSBURY,NY 12804 APN:523400 302.5-1-11 Use:Single Family Residential MARY RIZZI 5 SCHOOL HOUSE RD QUEENSBURY,NY 12804 APN:523400 302.5-1-12 Use:Single Family Residential DARREN C BARSS;CHRISTINA M BARSS 2 JUNE DR QUEENSBURY,NY 12804 APN:523400 302.5-1-13 Use:Single Family Residential SUE E SMALLEY 4 JUNE DR QUEENSBURY,NY 12804 APN:523400 302.5-1-14 Use:Single Family Residential WILLIAM N COMBIOS;CHRISTINA BURNUSIGIS 7 JUNE DR QUEENSBURY,NY 12804 APN:523400 302.5-1-33 Use:Single Family Residential DORIS J MULLIS(LIFE USE);DEWAINA MULLIS 5 JUNE DR QUEENSBURY,NY 12804 APN:523400 302.5-1-34 Use:Single Family Residential KIMBERLY T BRAND;SANDRA I BRAND 3 JUNE DR QUEENSBURY,NY 12804 APN:523400 302.5-1-35 Use:Single Family Residential GARY WEAVER;DEBORAH WEAVER 1 JUNE DR QUEENSBURY,NY 12804 APN:523400 302.5-1-36 Use:Single Family Residential Maureen Cornell 3 SCHOOL HOUSE RD QUEENSBURY,NY 12804 APN:523400 302.5-1-37 01 Use:Single Family Residential John Balfour 3 SCHOOL HOUSE RD QUEENSBURY,NY 12804 APN:523400 302.5-1-37 02 Use:Single Family Residential HESS RETAIL STORES LLC 527 AVIATION RD QUEENSBURY,NY 12804 APN:523400 302.5-1-38 Use:Service station w/convenience store(food mart) DONALD SUTLIFF;DAWN SUTLIFF 3 CARLTON DR QUEENSBURY,NY 12804 APN:523400 302.5-1-39 Use:Single Family Residential DONNA MAYNE 5 CARLTON DR QUEENSBURY,NY 12804 APN:523400 302.5-1-40 Use:Single Family Residential ROBERT E ARCHAMBAULT 7 CARLTON DR QUEENSBURY,NY 12804 APN:523400 302.5-1-41 Use:Single Family Residential DONALD N CARLINO JR 9 CARLTON DR QUEENSBURY,NY 12804 APN:523400 302.5-1-42 Use:Single Family Residential BRIAN MACALPINE 11 CARLTON DR QUEENSBURY,NY 12804 APN:523400 302.5-1-43 Use:Single Family Residential WILLIAM COMBIOS;CHRISTINA BURNUSIGIS 13 CARLTON DR QUEENSBURY,NY 12804 APN:523400 302.5-1-44 Use:Single Family Residential MARGARET COGOVAN 6 CARLTON DR QUEENSBURY,NY 12804 APN:523400 302.5-1-47 Use:Single Family Residential BRADLEY R PATCH;VETA PATCH 4 CARLTON DR QUEENSBURY,NY 12804 APN:523400 302.5-1-48 Use:Single Family Residential GOLDEN WORLD ASSOCIATES 2 CARLTON DR QUEENSBURY,NY 12804 APN:523400 302.5-1-49 Use:Single Family Residential GARDEN WORLD ASSOCIATES LLC 537 AVIATION RD QUEENSBURY,NY 12804 APN:523400 302.5-1-50 Use:Vehicle Rentals,Vehicle Sales(auto/truck/RV/boat/etc.) AFTAB BHATTI 543 AVIATION RD QUEENSBURY,NY 12804 APN:523400 302.5-1-51 Use:Motel ROBERT A GOVER 1 GREENWAY N QUEENSBURY,NY 12804 APN:523400 302.5-1-53 Use:Single Family Residential PAUL NICHOLS;HEATHER NICHOLS 3 GREENWAY N QUEENSBURY,NY 12804 APN:523400 302.5-1-54 Use:Single Family Residential CHRISTINE M CAPUTO 5 GREENWAY N QUEENSBURY,NY 12804 APN:523400 302.5-1-55 Use:Single Family Residential VICTORIA MOLISANI;MICHAEL MOLISANI DEC'D 7 GREENWAY N QUEENSBURY,NY 12804 APN:523400 302.5-1-56 Use:Single Family Residential JODEE L DANAHY 9 GREENWAY N QUEENSBURY,NY 12804 APN:523400 302.5-1-57 Use:Single Family Residential CASEY A BURNS 5 GREENWAY DR QUEENSBURY,NY 12804 APN:523400 302.5-1-64 Use:Single Family Residential BURNS FAMILY TRUST- 3 GREENWAY DR QUEENSBURY,NY 12804 APN:523400 302.5-1-65 01 Use:Single Family Residential BAZIL BURNS(TRUSTEE),MARY BURNS(TRUSTEE) 3 GREENWAY DR QUEENSBURY,NY 12804 APN:523400 302.5-1-65 02 Use:Single Family Residential RANDY DELCORE 1 GREENWAY DR QUEENSBURY,NY 12804 APN:523400 302.5-1-66 Use:Single Family Residential STEPHEN SHERIDAN 4 SCHOOL HOUSE RD QUEENSBURY,NY 12804 APN:523400 302.5-1-8 Use:Single Family Residential JANE R CAPRON IRREVOCABLE TRUST;JENNIFER BARTHELM,1 GREENWAY CIR QUEENSBURY,NY 12804 APN:523400 302.5-1-81 Use:Single Family Residential MARJORY CUPPS 6 GREENWAY N QUEENSBURY,NY 12804 APN:523400 302.5-1-82 Use:Single Family Residential MARY S COOPER 4 GREENWAY N QUEENSBURY,NY 12804 APN:523400 302.5-1-83 Use:Single Family Residential DEBORAH F FUNICELLO 23 OLD AVIATION RD QUEENSBURY,NY 12804 APN:523400 302.5-1-84 Use:Single Family Residential RICHARD SPOERL;LISA S SPOERL 21 OLD AVIATION RD QUEENSBURY,NY 12804 APN:523400 302.5-1-85 Use:Single Family Residential KEENAN M WITTENBERG 19 OLD AVIATION RD QUEENSBURY,NY 12804 APN:523400 302.5-1-86 Use:Single Family Residential STEPHEN SHERIDAN 2 SCHOOL HOUSE RD QUEENSBURY,NY 12804 APN:S23400 302.5-1-9 Use:Residential-Vacant Land 458 ACRES LLC GLEN ST OFF QUEENSBURY,NY 12804 APN:523400 302.6-1-21 Use:Commercial-Vacant Land UPPER GLEN STREET ASSOC,LLC 751 GLEN ST QUEENSBURY,NY 12804 APN:523400 302.6-1-25 Use:Neighborhood:Shopping Center,Strip Center,Enterprise Zone UPPER GLEN STREET ASSOCIATES 771 GLEN ST QUEENSBURY,NY 12804 APN:523400 302.6-1-28 Use:Financial Bldg(Bank,S&L;Mtge;Loan;Credit) JOLLEY ASSOCIATES,LLC 777 GLEN ST QUEENSBURY,NY 12804 APN:523400 302.6-1-29 Use:Gas Station _ DOUBLE H HOLE IN THE WOODS 620 AVIATION RD QUEENSBURY,NY 12804 APN:523400 302.6-1-30 Use:Fast Food Restaurant/Drive-thru TOWN OF QUEENSBURY AVIATION RD QUEENSBURY,NY 12804 APN:523400 302.6-1-32 Use:Commercial-Vacant Land MARCIA 0 COLVIN 9 BIRCH LN QUEENSBURY,NY 12804 APN:523400 302.6-1-34 Use:Single Family Residential ATHERTON-ELY,JAMES 7 BIRCH LN QUEENSBURY,NY 12804 APN:523400 302.6-1-35 Use:Single Family Residential WALTER BROWN;JOYCE BROWN 6 BIRCH LN QUEENSBURY,NY 12804 APN:523400 302.6-1-36 Use:Single Family Residential KENNETH R BROWN;ASHLEY J BROWN 8 BIRCH LN QUEENSBURY,NY 12804 APN:523400 302.6-1-37 Use:Residential-Vacant Land KENNETH R BROWN;ASHLEY J BROWN 8 BIRCH LN QUEENSBURY,NY 12804 APN:523400 302.6-1-38 Use:Single Family Residential EUGENE WARD 10 BIRCH LN QUEENSBURY,NY 12804 APN:523400 302.6-1-39 Use:Single Family Residential JAMES ANTHIS;ANNE M ANTHIS AVIATION RD QUEENSBURY,NY 12804 APN:523400 302.6-1-40 Use:Commercial-Vacant Land DONNA E BALTIS(ESTATE) 607 AVIATION RD QUEENSBURY,NY 12804 APN:523400 302.6-1-41 Use:Fast Food Restaurant/Drive-thru DONNA E BALTIS(ESTATE) 619 AVIATION RD QUEENSBURY,NY 12804 APN:523400 302.6-1-42 Use:Store/Office(mixed use) NORTHGATE ENTERPRISES INC 797 STATE ROUTE 9 QUEENSBURY,NY 12804 APN:523400 302.6-1-43 Use:Neighborhood:Shopping Center,Strip Center,Enterprise Zone HAGOP POLADIAN;ABRAHAM POLADIAN;SOGHOMON POLAC 599 AVIATION RD QUEENSBURY,NY 12804 APN:523400 302.6-1-44 Use:Vehicle Rentals,Vehicle Sales(auto/truck/RV/boat/etc.) FREDERICK MCNEILL 14 OLD AVIATION RD QUEENSBURY,NY 12804 APN:523400 302.6-1-46 Use:Single Family Residential QUEENSBURY PLAZA I,LLC 756 GLEN ST QUEENSBURY,NY 12804 APN:523400 302.6-1-51.2 Use:Regional:Shopping Center,Mall(w/Anchor) FTK REALTY,LLC 820 STATE ROUTE 9 QUEENSBURY,NY 12804 APN:523400 302.6-1-67 Use:Restaurant VELANJA HIRPARA,LLC 1 ABBEY LN QUEENSBURY,NY 12804 APN:523400 302.9-1-29 Use:Motel CITY OF GLENS FALLS 100 AVIATION MALL RD QUEENSBURY,NY 12804 APN:523400 302.9-1-41 Use:Reservoir,Water Supply TOWN OF QUEENSBURY WATER DEPT 100 AVIATION MALL RD QUEENSBURY,NY 12804 APN:523400 302.9-1-42 Use:Reservoir,Water Supply CITY OF GLENS FALLS NORTHWAY OFF QUEENSBURY,NY 12804 APN:523400 302.9-1-43 Use:Reservoir,Water Supply Note: Language in bold italics is new language to be added; Language with liRe dFawn thFough is old language to be deleted. §179-2-919, Definitions and word usage. 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. §179-3-040. Establishment of zoning districts. [Amended 3-18-2013 by L.L. No. 2-2013] B. Commercial Districts (1) Enclosed Shopping Center ESC. The ESC District encompasses those areas where shopping center development exists or is anticipated. The intent of this district is to ensure that shopping center development, as well as compatible commercial, 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.23 Freestanding buildings are permitted in this district. (b) Dimensional requirements. All uses in this district must comply with the requirements of Table 1 of this chapter24 and as follows (Note that all are minimum requirements except density and building height which are maximum restrictions.): [Amended 10-17-2016 by L.L. No. 7-2016; 2-27- 2017 by L.L. No. 3-20171 [1] Minimum lot size:2.5 acres per principal use/structure 94[21 Front yard setback: 40 feet. Buildings in excess of 40 feet in height shall require a front setback of 100 feet or greater. M[31 Side yard setback: 30 feet. M[4] Rear yard setback: 30 feet. {44[51 Shoreline/stream/wetland setback: 150 feet. 23 Editor's Note:Table 3 is included at the end of this chapter. 24 Editor's Note:Table 1 is included at the end of this chapter. Note: Language in bold italics is new language to be added; Language y.gith line drawn thFeug" is old language to be deleted. {5-}[6] Lot width: 500 feet. f6J[7J Road frontage: 75 feet. R[81 Water frontage: 200 feet. N[91 Building height: 70 feet. Buildings in excess of 40 feet in height shall require a front setback of 100 feet or greater. M[IO1 Percent permeable: 20%. [ M[III 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. (c) Development standards. The standards and requirements set forth in Article 4 of this chapter shall apply to all uses in this district as well as expansion, remodeling or change of use to existing structures and uses. (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 the 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. §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. [Amended 1-28-2011 by L.L. No. 2-2011; 7-21-14 by L.L. No. 2-2014; 10-17-2016 by L.L. No. 7-20161 Table 5: Parking Requirements Use Minimum Number of Spaces Note: Language in bold italics is new language to be added; Language with line dFaWR thFOUgh is old language to be deleted. 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; 4.9 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 (ESQ district. G. For any building or development having more than one use, both the minimum and the maximum number of spaces to be provided shall be calculated as described below: (1) Calculate the number of spaces required for each use separately. (2) The use with the largest required number of spaces shall be considered the primary use. (3) Recalculate the number of parking spaces for each nonprimary use by multiplying it by the sharing factor for uses in the table below. To find the sharing factor, compare each nonprimary use to the primary use. Table 2—Sharing Factors Use Residential Lodging Commercial Office (except office) Residential 1 0.9 0.8 0.6 Lodging 0.9 1 0.7 0.3 Commercial 0.8 0.7 1 0.8 (except office) Office 0.6 0.3 0.8 1 (4) Add the number of spaces required by the primary use to all of the recalculated number of spaces for each nonprimary use. This is the total number of spaces to be provided. (5) All parking spaces shall be available to all users. There shall be no restrictions, with the exception of handicapped parking. Note: Language in bold italics is new language to be added; Language with line dFawn thFOUgh is old language to be deleted. (6) If land within a multiuse development is to be conveyed to different owners, the Planning Board shall require appropriate easements and deed covenants so that the shared parking arrangement shall remain between the various parcels for as long as the uses and/or structures exist. H. In general, parking shall be provided on the same lot as the principal use. However, parking may be provided on a separate lot or tax parcel at the discretion of the Planning Board if the separate lot or tax parcel is within 300 feet of the principal use, the two lots are under the same ownership with covenants, which tie the two lots together, and there is a safe way to transport people from one parcel to the other. 1. In any district, the Planning Board may apply the shared parking formulas found in Subsection G (above) to approve the joint use of a parking facility and a reduction in the parking requirement by two or more principal buildings or uses, either on adjacent or nearby parcels. There shall be a covenant on the separate parcel or lot guaranteeing the maintenance of the required off-street parking facilities during the existence of the principal use. Such covenant shall: (1) Be executed by the owner of said lot or parcel of land and the parties having beneficial use thereof, (2) Be enforceable by either of the parties having beneficial use thereof as both; and (3) Be enforceable against the owner, the parties having beneficial use, and their heirs, successors and assigns. 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. ILL. 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 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. (Rese ) Off-street loading (1) Except as provided in Subsection LM(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. Note: Language in bold italics is new language to be added; Language with line dFaWA thFOUgh is old language to be deleted. (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. Note: Language in bold italics is new language to be added; Language with li"e aFaw 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 Moderate Intensive Intensive-Exit 18 Center Street"' Commercial Office Commercial Commercial Use Table CM Cl CI-18 ESC MS NC O RC <600 feet >600 feet from arterial from arterial Amusement center SUP SUP SPR SPR Apartment house/condos SPR(S) (+) cn Apartment house/condos SPR(S) SPR SPR(') 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 Commercial boat SPR SPR sales/service/storage Convenience store SPR SPR SUP SPR SPR SPR SPR SPR 179 Attachment 3:1 12-01-2016 Language with line draw »Ρ through is old language to be deleted. QUEENSBURY CODE Enclosed Commercial Commercial Commercial Shopping Main Neighborhood Recreation Moderate Intensive Intensive-Exit 18 Center Street'' Commercial Office Commercial Commercial Use Table CM CI CI-18 ESC MS NC O RC <600 feet >600 feet from arterial from arterial 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 Motel SPR SPR SUP SUP SPR Movie theater SPR SPR SUR SPR SPR Multifamily SPR(5) SPR") SPR' 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 SPRO) O) Office,small SPR SPR SUP SPR SPR SPR SPR SPR Outdoor concert events SUP SPR SUP Paintball facility SUP Parking lot SPR SPR SUP SPR 179 Attachment 3:2 12-0I-2016 Language with lifie a... wn through is old language to be deleted. ZONING Enclosed Commercial Commercial Commercial Shopping Main Neighborhood Recreation Moderate Intensive Intensive-Exit 18 Center Street) Commercial Office Commercial Commercial Use Table CM CI CI-18 ESC MS NC O RC <600 feet >600 feet from arterial from arterial 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 O) 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. (S) 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(11)(1)(b)(12). 179 Attachment 3:3 12-01-2016