Loading...
2.1 v 2.1 RESOLUTIONS\LOCAL LAWS&ORDINANCESIENACTMEN RChapter 179—Local Law to Amend Zoning Map Apex Capital—MDR to RC— 2-8-2021 RESOLUTION ENACTING LOCAL LAW NO.: OF 2021 TO AMEND CHAPTER 179 `ZONING' OF QUEENSBURY TOWN CODE TO CHANGE ZONING OF CERTAIN PROPERTY FROM MODERATE DENSITY RESIDENTIAL (MDR) TO RECREATION COMMERCIAL (RC)" AND AMEND TOWN ZONING MAP 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 To Amend Chapter 179 "Zoning" Of Queensbury Town Code To Change Zoning Of Certain Property From Moderate Density Residential (MDR) To Recreation Commercial (RC), and WHEREAS, Apex Capital, LLC submitted a zoning change application to the Queensbury Town Clerk's Office on July 11, 2019 requesting a change of zoning district from Moderate Density Residential (MDR) to Recreation Commercial (RC) on Tax Map Parcel Nos: 315.5-1-3.2 and 315.5-1-2 to allow for the expansion of the West Mountain Ski Area parking lot, and WHEREAS, Apex Capital, LLC has also submitted to the Town a site plan review application for the expansion of the West Mountain Ski Area parking lot, construction of a zip line attraction and approval of an existing mountain biking venue,and WHEREAS, by Town Board Resolution No.: 269,2019, the application for zoning changes was forwarded to the Town Planning Board for SEQRA review and recommendations in accordance with §179-15-040 of the Town Zoning Ordinance, and WHEREAS, on December 22, 2020 the Town Planning Board issued a SEQRA Negative Declaration on both the proposed site plan and proposed zoning change, and WHEREAS, on December 22, 2020 the Town Planning Board issued a favorable recommendation to the Town Board regarding the proposed zoning district changes, 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, in accordance with General Municipal Law §239-m, the Town referred the proposed Zoning Law amendments to the Warren County Planning Department on January 28, 2021 to obtain a recommendation from before enacting the legislation, and WHEREAS, on or about February _, 2021 the Warren County Planning Department considered the proposed Local Law and determined that it would have no County impact, and WHEREAS, the Town Board duly conducted a Public Hearing concerning adoption of Local Law No.: of 2021 on February 8, 2021, heard all interested parties and closed the public hearing,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 as presented at this meeting,hereinafter referred to as the"legislation," NOW,THEREFORE,BE IT RESOLVED, that the Queensbury Town Board hereby 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 To Amend Chapter 179 "Zoning" Of Queensbury Town Code To Change Zoning Of Certain Property From Moderate Density Residential (MDR) To Recreation Commercial (RC)" in substantially the form presented at this meeting, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Town Clerk to send a copy of this Resolution and a copy of the approved Local Law No.: of 2021 to the Town Planning Board,Town Zoning Board of Appeals, Town Zoning Administrator and Warren County Planning Department in accordance with §179-15-080(D)of the Town Zoning Law, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Town Clerk to 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 e 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 8`h day of February, 2021,by the following vote: AYES: NOES: ` ABSENT: LOCAL LAWS&ORDINANCES\Chapter 179— Amend Zoning Map—Apex Capital—West Mountain—2-8-2021 LOCAL LAW NO.: OF 2021 A LOCAL LAW TO AMEND CHAPTER 179 "ZONING" OF QUEENSBURY TOWN CODE TO CHANGE ZONING OF CERTAIN PROPERTY FROM MODERATE DENSITY RESIDENTIAL (MDR) TO RECREATION COMMERCIAL (RC) BE IT ENACTED BY THE QUEENSBURY TOWN BOARD AS FOLLOWS: Section 1. Intent; Authority — The Town Board seeks to change the zoning district designation of two (2) parcels of land from Moderate Density Residential (MDR) to Recreation Commercial (RC). This Local Law is adopted in accordance with the New York State Municipal Home Rule Law. Section 2. Amendment of Zoning Map — The Town of Queensbury.Zoning Map referenced in Town Code §179-3-010 is hereby amended to reflect a zoning district change for two (2) parcels of property on West Mountain Road from Moderate Density Residential (MDR) to Recreation Commercial (RC), such properties bearing Tax Map Parcel numbers as follows: 315.5-1-2 315.5-1-3.2 Section 3. The map appended to this Local Law is hereby adopted as the official Town Zoning Map of the Town of Queensbury and supersedes the previously adopted Town Zoning Map. Note: Language in bold italics is new language to be added; Language with linedraw thro g is old language to be deleted. 1 Section 4. Severability — The invalidity of any clause, sentence, paragraph or provision of this Local Law shall not invalidate any other clause, sentence,paragraph or part thereof. Section 5. Repealer — All Local Laws or Ordinances or parts of Local Laws or Ordinances in conflict with any part of this Local Law are hereby repealed. In particular, this Local Law is specifically intended to supersede the amended provisions of the current Town of Queensbury Zoning Law. Section 6. 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 draw thro g is old language to be deleted. 2 i Town of Queensbury Community Development Office 742 Bay Road, Queensbury, NY 12804 Town of Queensbury Planning Board SEQR RESOLUTION—Grant Negative Declaration SITE PLAN 53-2019 APEX CAPITAL, LLC Tax Map ID: 307.-1-29, 315.5-1-3.2, 315.5-1-2/Property Address: 59, 47 &53 West Mt. Road Zoning: RC/MDR The applicant has submitted an application to the Planning Board: (SEQR) Applicant proposes expansion of the West Mountain Ski Area parking lot, approval of an existing mountain biking venue and other associated projects. Project also includes a Town Board referral for a Petition for Zone Change parcels 315.5-1-3.2 and 315.5-1-2 from Moderate Density to Recreation Commercial. The parcels are to be used for overflow parking. Pursuant to Chapter 179-15-040 Town Board may refer proposed amendments to the Planning Board for recommendation, and Pursuant to Chapter 179-3-040 of the Zoning Ordinance, expansion of a recreation center shall be subject to Planning Board review and approval. Planning Board to review SEQR and make recommendation to the Town Board. The Planning Board has determined that the proposed project and Planning Board action is subject to review under the State Environmental Quality Review Act; The proposed action considered by this Board is Unlisted in the Department of Environmental Conservation Regulations implementing the State Environmental Quality Review Act and the regulations of the Town of Queensbury; No Federal or other agencies are involved; Part 1 of the Long EAF has been completed by the applicant; Upon review of the information recorded on this EAF, it is the conclusion of the Town of Queensbury Planning Board as lead agency that 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. MOTION TO GRANT A NEGATIVE DECLARATION FOR SITE PLAN 53-2019 APEX CAPITAL, LLC. Introduced by Michael Dixon who moved for its adoption. As per the resolution prepared by staff. 1. Part II of the Long EAF has been reviewed and completed by the Planning Board. 2. Part III of the Long EAF is not necessary because the Planning Board" did not identify potentially moderate to large impacts. Motion seconded by Brad Magowan. Duly adopted this 22"d day of December 2020 by the following vote: AYES: Mr. Magowan, Mr. Valentine, Mr. Dixon,Ms. White,Mr. Shafer, Mr. Hunsinger, Mr. Traver NOES: NONE ABSENT: Mr. Deeb Phone: 518.761.8220 Fax: 518.745.4437 742 Bay Road,Queensbury,NY 12804 www.queensbury.net Agency Use Only(IfApplicablel. Project:Flpegx 1 '5-m Date Full Environmental Assessment Fora: 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. No significant adverse environmental Impacts were identified for the petition of zone change or the site plan project Determination of Significance-Type 1 and Unlisted Actions SEQR Status: 0 Type 1 ❑Unlisted Identify portions of EAF completed for this Project: ❑Part I 0 Part 2 [✓ Part 3 FEAF 2019 i Upon review of the information recorded on this EAF,as noted,plus this additional support information and considering both the magnitude and importance of each-identified potential impact,it is the conclusion of the as lead agency that: ❑✓ 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: Apex Capital/West Mountain Name of Lead Agency:Town of Queensbury Planning Board Name of Responsible Officer in Lead Agency: Steve Traver, Title of Responsible Officer: Planning Board Chair Signature of Responsible Officer in Lead Agency: /:✓t_ (J� Date: Signature of Preparer(if different from Responsible Officer) Date: For Further Information: Contact Person: Craig Brown Address:742 Bay Road,Queensbury,NY 12804 Telephone Number:518-761-8220 E-mail:crafgb@queensbury.net For Type 1 Actions and Conditioned Negative Declarations,a copy of this Notice is sent to: Chief Executive Officer of the political subdivision in which the action will be principally located(e.g.,Town/City/Village of) Other involved agencies(if any) Applicant(if any) Environmental Notice Bulletin: httR://ww%v.dee.gX.gov/enb/enb.htint PRINT FULL FORM Page 2 of 2 P 1/21/2021 ENB Region 5 Notices 1/20/2021-NYS Dept,of Environmental Conservation NEWYORK Departindritof sTAttar. OPPOAn, Environmental Conservation ENB Region 5 Notices 1/20/2021 Public Notice 6 NYCRR Part 373 Permit•MPM Silicones LLC Expanded Public Participation-Waterford Restructure-February 22,2021 EPA IDq NY0002080034,Permit to:5.41S4-00002/00357 MPM Silicones LLC IMomontivo Performance Materials,Inc. Momantive Performance Materials Inc,announced In August 2020 a two-year plan to phase out basics chemicals production at Its silo located at 260 Hudson River Read in Waterford,Now York.'rho company invites the public to a meeting to discuss the regulatory elements of these changes on the sib's Pad 373 Hazardous Waste Permit. The public mooting Is scheduled for 6.00 p.m.,Monday,February 22,2021,via a virtual platform provided below.Momontive encourages the public to participate In this meeting to loam about the elements or the changes and their environmental benefits,ask questions,and provide the site any feedbaciC More Information is available at:www.momenUvolodaycom. As previously announced,the two-year phase out of bash chemical operations al Momentive's Waterford site will significantly reduce the manufacturing footprint of the facility and position Waterford as a sustalnable.global center specializing In advanced silicone technologies.The New York Stale Department of Environmental Conservation(NYS DEC)will oversee the forthcoming changes and Momentivewill workvdlh the NYS DEC to ensuro compliance with applicable rules and regulations.The transition involves several elements including: . • Closure and removal of two permitted hazardous waste Incinerators; • Closure and removal of 15 permitted hazardous waste storage systems: • Closure and removal of permitted container storage areas and transfer areas; • Elimination or certain production waste materials;and • Conversion or installation of tanks and containment areas for short-term Qcss than 90days)waste storage before transportation to off-site treatment and disposal. Upon completion,this work Is expected to result In: • 75 percent reduction or hazardous waste generated; • 50 percent reduction In wastewater generated: • 70 percent reduction of natural gas consumption; • 50 percent reduction in electrical power consumption; • 30 percent reduction In wafer usage from City of Waterford sources,and 50 percent reduction of water usage from river sources;and • 30 percent reduction in hazardous substances stored an-silo. To submit questions prior to the meeting or to be added to the Momantivo facility mailing list please submit a written request with your name address andfar email address to: Tom Shaw MPM Silicones,LLC 260 Hudson River Road Waterford,NY 12188 Phone:(518)2333202 Public Moeting Virtual and Audio Platform-February 22,2021 GoToWobfnar- Registration URL.•htips7/attendee.golowebinarcom/fogistar/1602624371553405712 ' Webinar to:425-143.675 Dial-In Number.+1(914)614.3221 Dial-In Attendee Number.653.311-137 •'A headset is recommended to enhance meeting audio. Momentivo Webslte:wwwjnamenUvotoday com Contact:Tom Shaw,MPM Silicones,I.I.C.260 Hudson River Road,Waterford,NY 12188,Phone:(518)2333202. Negative Declaration Warren county-The Town orQueensbury Planning Board,as lead agency,has determined that the proposed Apox Capital LLCfWest Mountain van not have a significant adverse environmentalimpact.The action involves a proposal by the applicant for the expansion orthe West Mountain Sid Area parking lot,approvaiof an existing mounlaln biking venue and olherphased projects.Project Includes a Town Board referral for a Petition forZono Change parcels 315.6.132 and 315.6-1.2 from Moderato Density to Reaeallon Commercial.The parcels are to be used for overflow parking.Pursuant to Chapter 179-15-040 Town Board may referproposed amendments to the Planning Board for rocommendation,and Pursuant to Chapter 1793-040 of the Zoning Ordnance,expansion are recreation cenlershall be subject to Planning Board review and approval.The project is located at59,47 and 53 West Mountain Road in the Town of Oucensbury,Now York. Contact:Craig Brown,Town of Queonsbury,742 Bay Road,Queonsbury,NY 12804,Phone:(518)761.8220,E-mail:cratgb@queensburynel. hUps://www.dec.ny.gov/enb/20210120_not5.html 1/1 r i Town of ueensbur Q Y 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 APEX CAPITAL, LLC Tax Map ID: 207.-1-29, 315.5-1-3.2, 315.5-1-2/Property Address: 59, 47 & 53 West Mt. Road Whereas, an application has been made to the Town of Queensbury Town Board for a zoning change. The Town Board referred this application to the Planning Board for an advisory recommendation pursuant to Section 179-15-020; Whereas, the applicant proposes to rezone parcels 315.5-1-3.2 & 315.5-1-2 currently zoned Moderate Density Residential (MDR) to Recreational Commercial (RC); Whereas, the Planning Board will review the applicant's site plan pursuant to the requirements of Section 179- 9-020; Whereas, the State Environmental Quality Review Act has been completed by the Queensbury Planning Board and has issued a negative declaration; Now, therefore, be it resolved, that we find the following: MOTION FOR RECOMMENDATION TO THE TOWN BOARD AS FAVORABLE FOR ZONING REOUEST FROM MDR TO RC; Introduced by Michael Dixon who moved for its adoption, and Motion seconded by Brad Magowan. Duly adopted this 22"d day of December 2020 by the following vote: AYES: . Mr. Valentine, Mr. Dixon, Ms. White,Mr. Shafer, Mr. Hunsinger, Mr. Magowan, Mr. Traver NOES: NONE ABSENT: Mr. Deeb Phone: 518.761.8220 1 Fax: 518.745.4437 1742 Bay Road,Queensbury,NY 12804 www.gLleensbury.net Stuart Baker To: Town Board Cc: Rose Mellon; Pamela Hunsinger; Mark Schachner(mschachner@mmshlaw.com); rhafner@mmshlaw.com;Craig Brown -Town of Queensbury (CraigB@queensbury.net) Subject: Staff Notes for 2/8 regular TB meeting, re: Res. 2.1 Attachments: SEQR PB Part 3 & ENB confirmation.pdf Resolution 2.1—West Mountain zoning change This project originated by petition of Apex Capital,the owner of West Mountain Ski Area. Apex/West Mountain is requesting a change of zone for two parcels from Moderate Density Residential to Recreation Commercial to allow expansion of West Mountain Ski Area parking. Site Plan Review approval is also required.from the-,-— Planning Board for the proposed parking expansion and the mountain biking venue. On August 5,2019,the Town Board passed Res. 269,2019. This resolution referred the application to the Planning Board for a) review and recommendation and b)SEQR lead agency review on both the proposed zoning change and the associated site plan application. On'December 22, 2020,the Planning Board completed their SEQR review, and issued a Negative Declaration. At the same meeting,the Planning Board also passed a resolution with a positive recommendation to the Town Board on the proposed zoning change. The executed SEQR Long Environmental Assessment Form Part 3 and confirmation of publication in the NYSDEC Environmental Notice Bulletin is attached for your information. Town Board Res. No.: 57,2021 adopted on 1/25/21 set the public hearing for the 2/8 meeting. .As of this writing,we are still awaiting the required County Planning Department review. We hope to have that response prior to Monday night's meeting, and will present a revised resolution to the Board prior to the meeting as necessary. Procedure: 1) Hold the public hearing 2) Close the public hearing 3) If the Board so chooses after the public hearing,you may approve Resolution 2.1 which adopts the Local Law changing the zoning of the two West Mountain Ski Area (Apex Capital, LLC) parcels from Moderate Density Residential to Recreation Commercial. If the Town Board approves this petitioned zoning change,the project will then return to the Planning Board for final site plan review and approval. Please let me know if you need any 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 i (518)761-8222 Direct Line www.gueensbury.net stuartb@aueensbury.net ©ea a 41 ; . r+rY Click on image for Warren County Covid vaccine information Z io Agency Use Only IMpplicablel Project:1 10°1 MT'A Date: 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 Iead 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. No significant adverse environmental impacts were identified for the petition of zone change or the site plan project Determination of Significance-Type 1 and Unlisted Actions SEQR Status: Type 1 ❑Unlisted Identify portions of EAF completed for this Project: ❑Part 1 Q Part 2 Q Part 3 FEAF 2019 Upon review of the information recorded on this EAF,as noted,plus this additional support information and considering both the magnitude and importance of each identified potential impact,it is the conclusion of the as lead agency that: ❑✓ 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: Apex Capital/West Mountain Name of Lead Agency:Town of Queensbury Planning Board Name of Responsible Officer in Lead Agency: Steve Traver, Title of Responsible Officer: Planning Board Chair Signature of Responsible Officer in Lead Agency: —L� - Date: Signature of Preparer(if different from Responsible Officer) Date: For Further Information: Contact Person: Craig Brown Address:742 Bay Road,Queensbury,NY 12804 Telephone Number:518-761-6220 E-mail:craigb@queensbury.net For Type 1 Actions and Conditioned Negative Declarations,a copy of this Notice is sent to: Chief Executive Officer of the political subdivision in which the action will be principally located(e.g.,Town/City/Village of) Other involved agencies(if any) Applicant(if any) Environmental Notice Bulletin: http://wwxv.dee-ay.gov/enb/enb.html PRINT FULL FORM Page 2 of 2 l� 1/21/2021 ENB Region 5 Notices 1/20/2021-NYS Dept.of Environmental Conservation NAEW YOU Departmdntof oevoan Envitonlrtental Conservation ENB Region 5 Notices 1/20/2021 Public Notice 6 NYCRR Part373 Permit-MPM Silicones LLC Expanded Public Partletpation-Waterford Restructure-Fobruary 22,2021 EPA ID#NY0002080D34,Permit ID:54154-00002/0D357 MPM Silicones LLC I Momentiva Performance Materials,Inc. MomenBve Performance Materials Inc.announced In August 2020 a two-year plan to phase out basics chemicals production at its site located at 260 Hudson River Road in Waterford,New York The company invites the public to a meeting to discuss the regulatory elements of these changes on the site's Part 373 Hazardous Waste Permit. The public meeting Is scheduled for6:00 p na,Monday,February 22,2021,via a virtual platform provided below.MomenBve encourages the public to paNdpate In this meeting to loam about the elements of the changes and their environmental benefits,ask questions,and provide the site any feedback:More Information is available at:www.momenWatoday.com. As previously announced,the two-year phase out of basics chemical operations at Momentive's Waterford site will significantly reduce the manufacturing footprint of the fadtity and position Waterford as a sustainable,global center specializing In advanced silicone technologies.The New York State Department of Environmental Conservation(NYS DEC)will oversee the forthcoming changes and MomenBve will workwilh the NYS DEC to ensure compliance with applicable rules and regulations.The transition Involves several elements including: • Closure and removal of two permitted hazardous waste incinerators; • Closure and removal of 15 permitted hazardous waste storage systems; . Closure and removalof permitted conlainerstorage areas and transfer areas. • Elimination of certain production waste materials;and • Conversion or Installation of tanks and containment areas for short-term Qess than 90-0ays)waste storage before transportation to off-site treatment and disposal. . Upon completion,this work Is expected to result to: • 75 percent reduction of hazardous waste generated; • 50 percent reduction In wastewater generated; • 70 percent reduction of natured gas consumption; • 50 percent reduction In electrical power consumption; • 30 percent reduction In water usage from City of Waterford sources.and 50 percent reduction of water usage from river sources:and • 30 percent reduction in hazardous substances stored on-slto. To submit questions prior to the mooting orto be added to the Momontive facility mailing list please submit awritten requostwith your name address andfor email address to: Tom Shaw . . MPM Silicones,LLC 260 Hudson River Road ' Waterford,NY 12188 Phone:(518)2333202 Public Meeting Virtual and Audio Platform-February 22,2021 GoToWebfnar. Registration URL•htipsJ/attendee.golowebinar comtrogister/1g02624371653405712 Webinar to:425-143.675 Diat•In Number+1(914)614.3221 Dial-In Attendee Number.553311-137 ••A headset is recommended to enhance meeting audio. MomenBve Website:wwwmamonlivetodayeom Contact:Tom Shaw,MPM Silicones,I.I.C.260 Hudson River Road,Waterford,NY 121Be,Phone:(518)2333202. Negative Declaration Warren County-The Town of Queensbury Planning Board,as lead agency,has determined that the proposed Apex Capital LLCIWest Mountain vdil not have a significant adverse environmental impact.The acQon lnvotves a proposal by the applicant for the expansion of the West Mountain Ski Area parking lot,approval of an existing mountain biking venue and other phased projects.Project Includes a Town Board referral for a PeUUon for Zone Change parcels 315.5.132 and 315.5-4-2 from Moderate Density to Recreation Commercial.The parcels are to be used for overflow parking.Pursuant to Chapter 179-15-040 Town Board may referproposed amendments to the Planning Board for recommendaffon,and Pursuant to Chapter 1793-040 of the Zoning Ordnance,expansion of a recreation center shall be subject to Planning Board review and approval.The project is located at69,47• and 53 West Mountain Road In the Town of Queensbury,New York. Contact:Craig Brown,Town of Queensbury,742 Bay Road,Queensbury,NY 12804,Phone:(518)761-8220.E-mall:eraigb@queensburyneL https://www.dec.ny.gov/enb/20210120_not5html 1/1