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2.2 2.2 LOCAL LAWSTnactrnent\Chapter 179—Add Definition of Tree Arborist Landscape Services-1-25-2021 RESOLUTION ENACTING LOCAL LAW NO.: OF 2021 TO AMEND QUEENSBURY TOWN CODE CHAPTER 179 ENTITLED, "ZONING" TO REVISE §179-2-010(C) "DEFINITIONS" AND TABLE 2: SUMMARY OF ALLOWED USES IN RESIDENTIAL DISTRICTS RESOLUTION NO. ,2021 INTRODUCED BY: WHO MOVED ITS ADOPTION SECONDED BY: WHEREAS, the Queensbury Town Board wishes to adopt Local Law No.: of 2021 entitled, "A Local Law Amending Town of Queensbury Zoning Law to Establish Tree, Arborist and/or Landscape Service Regulations" to allow for the addition of Tree Service/Landscape Company uses as allowed by Site Plan Review in the Rural Residential 3 Acre (RR-3A) and Rural Residential 5 Acre (RR-5A) Zoning Districts, and WHEREAS, before the Town Board may amend the Zoning Code, it must hold a public hearing in accordance with the provisions of Town Law §265, the Municipal Home Rule Law and the Town of Queensbury Zoning Code, and WHEREAS, zoning code changes may be forwarded to the Planning Board for recommendations in accordance with §179-15-040 of the Town Zoning Law and the Town made the referral, and WHEREAS, zoning changes are subject to Warren County Planning Department review in accordance with §239-m of NYS General Municipal Law and the Town duly made the necessary referral,and WHEREAS, the Town must obtain approval of the Adirondack Park Agency for the proposed Zoning Code amendments prior to adoption and the Town duly made the necessary referral, and WHEREAS, by letter of January 8, 2021, the Adirondack Park Agency advised that it reviewed and has approved the proposed Zoning Code amendments pursuant to the terms of the Town's Agency-Approved Local Land Use Program, and WHEREAS, on or about January 5, 2021 the Warren County Planning Department considered the proposed Local Law and determined that it would have no County impact, and WHEREAS, on or about January 19, 2021 the Town Planning Board considered the proposed zoning`,change and did not identify any significant adverse impacts that cannot be mitigated, and WHEREAS,. the Town Board duly conducted a public hearing concerning proposed Local Law No.: of 2021 on January 111" and again on January 25U', 2021, 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 2021 as well as potential impacts of certain related changes to the Town's Comprehensive Plan 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,and WHEREAS, the Town Board wishes to consider adoption of Local Law No.: _ of 2021 2 as presented at this meeting, hereinafter referred to as the"legislation," 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 the attached 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 Director of Planning, Zoning and Code Compliance 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 2021 to amend Queensbury Town Code Chapter 179, "Zoning," entitled, "A Local Law Amending Town of Queensbury Zoning Law to Establish Tree, Arborist and/or Landscape Service Regulations" to allow for the addition of Tree Service/Landscape Company uses as allowed by Site Plan Review in the Rural Residential 3 Acre (RR-3A) and Rural Residential 5 Acre (RR-5A) Zoning Districts as substantially in the form presented at this meeting, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Queensbury Town Clerk to send a copy of this Resolution and a copy of the approved Local Law No.: of 2021 to the Town Planning Board, Town Zoning Board of Appeals, Town Zoning Administrator and 3 Warren County Planning Department in accordance with §179-15-080(D) of the Town Zoning Law,and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Town Clerk to submit approved Local Law No.: _of 2021 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 25"'day of January, 2021,by the following vote: AYES NOES ABSENT : 4 LOCAL LAWS\Chapter 179—Definition-Tree Arborist Landscape Services—1-11-2021 LOCAL LAW NO. OF 2021 A LOCAL LAW AMENDING TOWN OF QUEENSBURY ZONING LAW TO ESTABLISH TREE,ARBORIST AND/OR LANDSCAPE SERVICE REGULATIONS Be it Enacted by the Queensbury Town Board as Follows: Section 1. Authority — This Local Law is adopted in accordance with New York Town Law Article 16 and the Municipal Home Rule Law. Section 2. Amendment of Section 179 "Zoning" — Chapter 179 of the Queensbury Town Code, entitled "Zoning," is hereby amended to establish Tree, Arborist and/or Landscape Service regulations and Table 2 is hereby revised to provide for said use as an allowable use subject to a Special Use Permit and Site Plan review as noted below. A. Definitions. §179-2-010(C) is hereby amended to add the following definition: TREE SERVICE/LANDSCAPE COMPANY- A business that provides services such as tree/plant removal, pruning, arborist service and landscaping. This service could also diagnose pest problems or plant diseases, and provide fertilization services. On site administration and sales office, storage and maintenance of company equipment, temporary storage of by-products created by business such as logs or wood chips may be included in this use. On site processing, such as cutting, trimming, milling, chipping and grinding is not included in this use. Note: Language in bold italics is new language to be added; Language with l re dr-a•.,; dff ough is old language to be deleted. 1 B. Table 2: Summary of Allowed Uses in Residential Districts, is hereby amended to add "Tree Service//Landscape Company"as permitted by Site Plan Review in the Rural Residential 3 Acre (RR-3A) and Rural Residential 5 Acre (RR-5A) Zoning Districts. Section 3. Severability —The provisions of this Local Law are severable. The invalidity of any clause, sentence, paragraph or provision of this Local Law shall apply only to the clause, sentence, paragraph or provision adjudged invalid and shall not invalidate any other clause, sentence, paragraph or part thereof and the rest of this Local Law shall remain valid and effective. 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. 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 with line dr-awn t roug is old language to be deleted. 2 ZONING Land Moderate Density Neighborhood Parkland Rural Waterfront Conservation Residential Residential Recreation Residential Residential LC-10 PR-10 RR-3 Residential Use Table LC-42 MDR NR PR-42 RR-5 WR Private school SPR SPR SPR Produce stand less than 100 square feet PU PU PU PU PU PU Produce stand greater than 100 square feet SPR SPR SPR SPR SPR SPR Public or semipublic building SPR SPR SPR SPR SPR SPR Riding academy SPR SPR SPR Sand,gravel and topsoil extraction, SUP° commercial Sawmill, chipping or pallet mill SUP SUP Single-family dwelling PU/SPRZ PU PU PU PU PU Sportmen's club/firing range SUP Townhouse SPR Tree Service/Landscape Company SPR Veterinary clinic SPR SUP SUP Water extraction SPR ` Allowed within Mobile Home Overlay District;additional regulations apply. z Site plan review required for properties within the Adirondack Park. 3 More than one duplex per parcel requires site plan review. d Limited to parcel sites of 25 acres or greater. Class A Marinas not allowed on Glenn Lake, Sunnyside Lake and Dream Lake. 179 Attachment 2:3 Reviewed b Department on January 5, 2021 Jan2021-2 Warren County Planning Department Project Review and Referral Form Project Name: Town of Queensbury Owner: Town of Queensbury ID Number: QBY-21-LL County Project#: Jan2021-2 Current Zoning: Community: Queensbury Project Description: Applicant proposes Local Law to amend Chapter 179 "Zoning" of Town Code to "Definitions" and Summary of Allowed Uses. Site Location: Tax Map Numbers: County Planning Recommendation: NCI Informal Staff Comments: Local actions to date(if any): Local Action/Final Disposition: 1/5/2021 Warren County Planning Department Date Signed Local Official Date Signed PLEASE RETURN THIS FORM TO THE WARREN COUNTY PLANNING DEPARTMENT WITHIN 10 DAYS OF FINAL ACTION NEV6�YORK Adirondack STATE OF OPPORTUNITY. Park Agency ANDREW M.CUOMO TERRY MARTINO Governor Executive Director January 8, 2021 John Strough III Town of Queensbury Supervisor 742 Bay RD Queensbury, NY 12804 By email: gbysupervisor@queensbury.net Re: Town of Queensbury Proposed Zoning Amendment, Chapter 179 "Zoning" Regarding Tree Service/Landscape Company Dear Supervisor Strough: The Agency has reviewed the proposed amendment to the Town of Queensbury's Agency-approved Local Land Use Program (ALLUP) received on January 4, 2021. This letter serves as documentation that the proposed amendment to the Town of Queensbury Chapter 179 "Zoning" to add the definition for Tree Service/Landscape Company as an allowable use with Site Plan Review in the Town's Rural Residential 3 and 5 acre Districts is hereby approved by the Adirondack Park Agency pursuant to the terms of the Town's ALLUP. Thank you for the referral of this proposed amendment. Upon adoption of the revised zoning law, please provide the Agency with copies so staff can maintain an up-to-date file of the Town's local laws. Sincerely, \s\Terry Martino Terry Martino Executive Director TM:REB:sas cc: Caroline Barber, Town Clerk Craig Brown, Director of Planning, Zoning & Codes Dave Hatin, Code Enforcement Officer Stephen Traver, Planning Board Chair Mike McCabe, Zoning Board of Appeals Chair P.O.Box 99•1133 NYS Route 86•Ray Brook,NY 12977•Tel:518 891-4050•Fax:518 891-3938•www.apa.ny.gov NEWYORK Adirondack STATE OF OPPORTUNITY. Park ARency WASTE USPOSAL AREAS, This is a supplement to the Citizen's Guide,which provides basic information about Adirondack Park Agency regulations. Under the Adirondack Park Agency Act, a permit is required for the establishment of any waste disposal area in all land use areas except Hamlet. The term "waste disposal area", is defined broadly, as "any area for the disposal of garbage, refuse and other wastes, including sanitary landfills and dumps, other than an on-site disposal area directly associated with an industrial use." Under Agency regulations and practice, the following activities are not considered to establish waste disposal areas, and waste disposal area permits are not required for their undertaking. However, an Agency permit may be required for other reasons, for example when the activity will involve wetlands or another critical environmental area. In addition, Agency review may be required because of an associated subdivision or development activity. • The placement of uncontaminated soil on a property. • The placement of uncontaminated asphalt or concrete that will be used for maintenance of an existing road, driveway, or parking area. • The placement or use of materials for which the Department of Environmental Conservation has issued a pre-approved or specific Beneficial Use Determination. • The establishment of an area less than 25 cubic yards in size for the disposal of trees, stumps, yard waste, soil, rock, concrete, brick, untreated wood, wood ash, animal manure, or organic kitchen and vegetable wastes that has been generated on site by residential activities, provided the waste is not commingled with or contaminated by other solid wastes, hazardous wastes, petroleum products, or other household garbage. • The placement of soil and land clearing debris generated onsite from lawful construction activities. Page 1 of 2 March 17, 2017 • The disposal of excess sediment and organic materials resulting from the cleaning of highway ditches, culverts, catch basins, and shoulders, provided the material is not contaminated with paint, fuels, solvents, or other petroleum products. • The disposal of surplus excavated soil materials taken from trenches dug for public utility projects, provided the material is not contaminated with paint, fuels, solvents, or other petroleum products. • The disposal of tree trunks, branches, woodchips, or stump grindings resulting from the removal of trees or branches from within a highway right-of-way. ---------------------------------------------- This flyer is intended to provide general information regarding Agency jurisdiction. Other provisions or restrictions may apply if an Agency permit or variance is required or if the property has previously been subject to Agency review. Please contact the Agency with any questions at 518-891-4050. For a binding written response as to whether a specific proposal requires Agency review, please submit a Jurisdictional Inquiry Form (JIF). The JIF form is available on the Agency website at www.apa.nv.qov/Forms/iiform.pd-F. Page 2 of 2 March 17, 2017 f Town oCQueensbury Community Development Office 742 Bay Road, Queensbury, NY 12804 Town of Queensbury Planning Board RESOLUTION-Planning Board Recommendation to the Town Board for Zoning change Addition of Tree Service/Landscape Company Uses in RR-3A and RR-5A Zoning Districts Whereas, the Town of Queensbury Town Board is proposing a zoning change to add Tree Service/Landscaping company as an allowed use in the Rural Residential 3 acre and Rural Residential 5 acre zone through site plan review. The definition included for Tree Service/Landscaping company is a business that provides services such as tree/plant removal, pruning, arborist service and landscaping. This service could also diagnose pest problems or plant diseases and provide fertilization services. On site administration and sales office, storage and maintenance of company equipment, temporary storage of by products created by business such as logs or wood chips may be included in this use. On site processing such as cutting trimming milling chipping and grinding is not include in this use. The Town Board referred this proposed change to the Planning Board for an advisory recommendation pursuant to Section 179-15-020; MOTION FOR RECOMMENDATION TO THE TOWN BOARD AS FAVORABLE FOR ZONING CHANGE TO INCLUDE TREE SERVICE/LANDSCAPE COMPANY USES IN RR-3a AND -5A; The Planning Board based on limited review has not identified any significant adverse impacts that cannot be mitigated with this proposal. Introduced by David Deeb who moved for its adoption, and Motion seconded by John Shafer. Duly adopted this 19"'day of January 2021 by the following vote: AYES: Ms. White, Mr. Shafer, Mr. Hunsinger, Mr. Magowan, Mr. Valentine, Mr. Deeb, Mr. Traver NOES: NONE Phone: 5 18.76 1.3320 Pay: 5 18.745.4437 1742 Bay Road,Queensbury,NY 128041 www.queensbury.net Stuart Baker From: Stuart Baker Sent: Thursday,January 21, 2021 1:01 PM To: Town Board Cc: Mark Schachner(mschachner@mmshlaw.com); rhafner@mmshlaw.com; Karen O'Brien; Craig Brown -Town of Queensbury (Craig B@queensbury.net); Pamela Hunsinger Subject: Staff Notes for 1/25 Town Board meeting, re: Res. 2.2 Attachments: _Full Environmental Assessment Form Part 3.pdf, Resolution PBR to Town Board Zone . Allowed Uses-1 19 21.pdf Resolution 2.2—Rural Residential zoning district use changes The Town Board opened the public hearing and , and continued it to the 1/25 meeting. At their 1/19 regular meeting,the Town Planning Board issued a resolution recommending the zoning change (see attached). This completes the required reviews of the proposed zoning change. The proposed zoning changes described in the proposed Local Law would do the following: 1) Create a definition of Tree Service/Landscape Company 2) Amend Table 2: Summary of Allowed Uses in Residential Districts to add this use as permitted by Site Plan Review in the RR-3A and RR-5A zoning districts. Procedure for this resolution: • The Board will continue the public hearing, and close the public hearing once completed. • If the Board decides that it desires to adopt the proposed zoning changes,the SEAR review must be completed. Part of this task involves going through the staff recommended responses on Part Il; keep in mind that the Board may change any of these responses if it so desires. You'll note that the attached SEQR Part 3, notes a recommendation for a Negative Declaration. • Upon completion of the review of SEQR Part II, if the Board believes that a) a Negative Declaration is appropriate, and b)the Board desires to adopt the proposed zoning changes,then the Board may approve Res. 2.2 as presented at this meeting. Attachments: • Town Planning Board resolution • SEQR LEAF form, Parts 1-3 Please let me know if you have any questions or need additional information. Stu Stuart G. Baker,Senior Planner Town of Queensbury COVID-19 Response Community Development Department Plan Town of Queensbury 742 Bay Road Queensbury, NY 12804-5902 (518) 761-8222 Direct Line 1 Town of Queensbury Community Development Office 742 Bay Road, Queensbui NY 12804 Town of Queensbury Planning Board RESOLUTION-Planning Board Recommendation to the Town Board for Zoning change Addition of Tree Service/Landscape Company Uses in RR-3A and RR--5A Zoning Districts Whereas,the Town of Queensbury Town Board is proposing a zoning change to-add Tree Service/Landscaping company as an allowed use in the Rural Residential 3 acre and Rural Residential 5 acre zone through site plan review. The definition included for Tree Service/Landscaping company is a business that provides services such as tree/plant removal, pruning, arborist service and landscaping. This service could also diagnose pest problems or plant diseases and provide fertilization services. On site administration and sales office, storage and maintenance of company equipment,temporary storage of by products created by business such as logs or wood _. chips may be included in this use. On site processing such as cutting trimming milling chipping and grinding is not include in this use. The Town Board referred this proposed change to.the Planning Board for an advisory recommendation pursuant to Section 179-15-020; MOTION FOR RECOMMENDATION TO THE TOWN BOARD AS FAVORABLE FOR ZONING CHANGE TO INCLUDE TREE SERVICE/LANDSCAPE COMPANY USES IN RR-3a AND -5A; The Planning Board based on limited review has not identified any significant adverse impacts that cannot be mitigated with this proposal. Introduced by David Deeb who moved for its adoption, and Motion seconded by John Shafer. Duly adopted this 19th day of January 2021 by the following vote: AYES: Ms. White, Mr. Shafer,Mr.Hunsinger, Mr. Magowan,Mr. Valentine, Mr.Deeb,Mr. Traver NOES: NONE Phone.'519.761.8220 Fax: 518.745.4437 1742 Bay Road,Queensbury,NY 128041 www.queensbury.net Agency Use Only [IfApplicablel Project IRR zoning district use changes Date: 1/25/2021 Full Environmental Assessment Form Part 3-Evaluation of the Magnitude and Importance of Project Impacts and Determination of Significance Part 3 provides the reasons in support of the determination of significance. The lead agency must complete Part 3 for every question in Part 2 where the impact has been identified as potentially moderate to large or where there is a need to explain why a particular element of the proposed action will not,or may,result in a significant adverse environmental impact. Based on the analysis in Part 3,the lead agency must decide whether to require an environmental impact statement to further assess the proposed action or whether available information is sufficient for the lead agency to conclude that the proposed action will not have a significant adverse environmental impact. By completing the certification on the next page,the lead agency can complete its determination of significance. Reasons Supporting This Determination: To complete this section: • Identify the impact based on the Part 2 responses and describe its magnitude. Magnitude considers factors such as severity,, - size or extent of an impact. • Assess the importance of the impact. Importance relates to the geographic scope,duration,probability of the impact occurring,number of people affected by the impact and any additional environmental consequences if the impact were to occur. • The assessment should take into consideration any design element or project changes. • Repeat this process for each Part 2 question where the impact has been identified as potentially moderate to large or where there is a need to explain why a particular element of the proposed action will not,or may,result in a significant adverse environmental impact. • Provide the reason(s)why the impact may,or will not,result in a significant adverse environmental impact • For Conditional Negative Declarations identify the specific condition(s)imposed that will modify the proposed action so that no significant adverse environmental impacts will result. • Attach additional sheets,as needed. Determination of Significance-Type 1 and Unlisted Actions SEQR Status: ©Type 1 ❑Unlisted Identify portions of EAF completed for this Project: ©Part 1 ©Part 2 ©Part 3 FEAF 2019 Upon review of the information recorded on this EAF,as noted,plus this additional support information and considering both the magnitude and importance of each identified potential impact,it is the conclusion of the Town Board,Town of Queensbury as lead agency that: © A. This project will result in no significant adverse impacts on the environment,and,therefore,an environmental impact statement need not be prepared. Accordingly,this negative declaration is issued. ❑ B. Although this project could have a significant adverse impact on the environment,that impact will be avoided or substantially mitigated because of the following conditions which will be required by the lead agency: There will,therefore,be no significant adverse impacts from the project as conditioned,and,therefore,this conditioned negative declaration is issued. A conditioned negative declaration may be used only for UNLISTED actions(see 6 NYCRR 617.7(d)). ❑ C. This Project may result in one or more significant adverse impacts on the environment,and an environmental impact statement must be prepared to further assess the impact(s)and possible mitigation and to explore alternatives to avoid or reduce those impacts. Accordingly,this positive declaration is issued. Name of Action: Rural Residential Zoning Districts use changes Name of Lead Agency:Town Board,Town of Queensbury Name of Responsible Officer in Lead Agency: John F.Strough,III Title of Responsible Officer: Town Supervisor Signature of Responsible Officer in Lead Agency: Date: Signature of Preparer(if different from Responsible Officer) Date: 1/25/2021 For Further Information: Contact Person:Stuart G.Baker,Senior Planner-Town of Queensbury Address:742 Bay Road,Queensbury NY 12804 Telephone Number:518-761-8222 E-mail:rekabgs@gmail.com For Type 1 Actions and Conditioned Negative Declarations,a copy of this Notice is sent to: Chief Executive Officer of the political subdivision in which the action will be principally located(e.g.,Town/City/Village of) Other involved agencies(if any) Applicant(if any) Environmental Notice Bulletin: http://www.dec.ny.gov/enb/enb.html PRINT FULL FORM I Page 2 of 2 Agency Use Only [IfApplicable] ;r Project: RR zoning district use changes Date: 1/25/2021 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: f • Identify the impact based on the Part 2 responses and describe its magnitude. Magnitude considers factors such as severity, size or extent of an impact. • Assess the importance of the impact. Importance relates to the geographic scope,duration,probability of the impact occurring,number of people affected by the impact and any additional environmental consequences if the impact were to occur. • The assessment should take into consideration any design element or project changes. • Repeat this process for each Part 2 question where the impact has been identified as potentially moderate to large or where there is a need to explain why a particular element of the proposed action will not,or may,result in a significant adverse environmental impact. • Provide the reason(s)why the impact may,or will not,result in a significant adverse environmental impact • For Conditional Negative Declarations identify the specific condition(s)imposed that will modify the proposed action so that no significant adverse environmental impacts will result. • Attach additional sheets,as needed. Determination of Significance-Type 1 and Unlisted Actions SEQR Status: © Type I ❑Unlisted Identify portions of EAF completed for this Project: ©Part I ©Part 2 ©Part 3 FEAF 2019 Upon review of the information recorded on this EAF,as noted,plus this additional support information and considering both the magnitude and importance of each identified potential impact,it is the conclusion of the Town Board,Town of Queensbury as lead agency that: ❑✓ A. This project will result in no significant adverse impacts on the environment,and,therefore,an environmental impact statement need not be prepared. Accordingly,this negative declaration is issued. ❑ B. Although this project could have a significant adverse impact on the environment,that impact will be avoided or substantially mitigated because of the following conditions which will be required by the lead agency: There will,therefore,be no significant adverse impacts from the project as conditioned,and,therefore,this conditioned negative declaration is issued. A conditioned negative declaration may be used only for UNLISTED actions(see 6 NYCRR 617.7(d)). ❑ C. This Project may result in one or more significant adverse impacts on the environment,and an environmental impact statement must be prepared to further assess the impact(s)and possible mitigation and to explore alternatives to avoid or reduce those impacts. Accordingly,this positive declaration is issued. Name of Action: Rural Residential Zoning Districts use changes Name of Lead Agency:Town Board,Town of Queensbury Name of Responsible Officer in Lead Agency: John F.Strough,III Title of Responsible Officer: Town Supervisor Signature of Responsible Officer in Lead Agency: Date: Signature of Preparer(if different from Responsible Officer) Date: 1/25/2021 For Further Information: Contact Person:Stuart G.Baker,Senior Planner-Town of Queensbury Address:742 Bay Road,Queensbury NY 12804 Telephone Number:518-761-8222 E-mail:rekabgs@gmail.com For Type 1 Actions and Conditioned Negative Declarations,a copy of this Notice is sent to: Chief Executive Officer of the political subdivision in which the action will be principally located(e.g.,Town/City/Village of) Other involved agencies(if any) Applicant(if any) Environmental Notice Bulletin: http://www.dec.ny.%zov/enb/enb.html PRINT FULL FORM Page 2 of 2 5 Town of Queensbury " Community Development Office 1 742 Bay Road, Queensbury,NY 12804 Town of Queensbury Planning Board RESOLUTION-Planning Board Recommendation to the Town Board for Zoning change Addition of Tree Service/Landscape Company Uses in RR-3A and RR-5A Zoning Districts Whereas,the Town of Queensbury Town Board is proposing a zoning change to add Tree Service/Landscaping company as an allowed use in the Rural Residential 3 acre and Rural Residential 5 acre zone through site plan review. The definition included for Tree Service/Landscaping company is a business that provides services such as tree/plant removal, pruning, arborist service and landscaping. This service could also diagnose pest problems or plant diseases and provide fertilization services. On site administration and sales office, storage and maintenance of company equipment, temporary storage of by products created by business such as logs or wood chips may be included in this use. On site processing such as cutting trimming milling chipping and grinding is not include in this use. The Town Board referred this proposed change to the Planning Board for an advisory recommendation pursuant to Section 179-15-020; MOTION FOR RECOMMENDATION TO THE TOWN BOARD AS FAVORABLE FOR ZONING CHANGE TO INCLUDE TREE SERVICE/LANDSCAPE COMPANY USES IN RR-3a AND -5A; The Planning Board based on limited review has not identified any significant adverse impacts that cannot be mitigated with this proposal. Introduced by David Deeb who moved for its adoption, and Motion seconded by John Shafer. Duly adopted this 19th day of January 2021 by the following vote: AYES: Ms. White, Mr. Shafer,Mr.Hunsinger, Mr. Magowan,Mr. Valentine,Mr. Deeb, Mr. Traver NOES: NONE Phone: 518.761.8220 Fax: 518.745.4437 742 Bay Road,Queensbury,NY 12804 1 www.queensbury.net