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4.12 4.12 SEQRA ISSUES\Chapter 179—Cannabis—Request Lead Agency Status—11-7-2022 RESOLUTION DECLARING LEAD AGENCY STATUS IN REGARDS TO PROPOSED LOCALLAW NO.: OF 2022 AMENDING QUEENSBURY TOWN CODE CHAPTER 179 "ZONING" TO REGULATE SPECIFIC CANNABIS BUSINESSES AND AMEND USE REQUIREMENTS RELATED TO AGRICULTURE RESOLUTION NO.: 92022 INTRODUCED BY: WHO MOVED ITS ADOPTION SECONDED BY: WHEREAS, by Resolution No.: 389,2022 the Queensbury Town Board set a public hearing for Monday, November 21', 2022 concerning proposed revisions to the Town's Zoning Code and enactment of"Local Law No.: of 2022 to Amend Chapter 179 `Zoning' of Queensbury Town Code to Regulate Specific Cannabis Businesses and Amend Use Requirements Related To Agriculture,"and WHEREAS, such Local Law must undergo an environmental review pursuant to the State Environmental Quality Review Act(SEQRA)prior to adoption and enactment,and WHEREAS, the Town Board wishes to express its desire to be Lead Agency for such required SEQRA environmental review and has prepared Part I of a Full Environmental Assessment Form(EAF) for use in such environmental review, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby declares its intention to be Lead Agency for SEQRA review of the proposed "Local Law No.: of 2022 to Amend Chapter 179 `Zoning' of Queensbury Town Code to Regulate Specific Cannabis Businesses and Amend Use Requirements Related To Agriculture," and authorizes and directs the Town Clerk to send copies of the proposed zoning revisions, completed Part I of the Full EAF and certified copies of Resolution No.: 389,2022 and this Resolution stating the Town Board's intention to be Lead Agency for SEQRA review to any Involved Agencies as required by law, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes the Town Supervisor, Town Clerk and/or Department of Planning, Zoning and Community Development Staff to take any and all other actions necessary to effectuate the terms of this Resolution. Duly adopted this 7t'day of November, 2022,by the following vote: AYES NOES ABSENT: RESOLUTION SETTING PUBLIC HEARING ON PROPOSED LOCAL LAW NO.: OF 2022 TO AMEND CHAPTER 179 "ZONING" OF QUEENSBURY TOWN CODE TO REGULATE SPECIFIC CANNABIS BUSINESSES AND AMEND USE REQUIREMENTS RELATED TO AGRICULTURE RESOLUTION NO.: 389,2022 INTRODUCED BY: Mr. George Ferone WHO MOVED FOR ITS ADOPTION SECONDED BY: Mr.Anthony Metivier WHEREAS, the Queensbury Town Board wishes to amend Chapter 179 of Queensbury Town Code to regulate specific cannabis businesses and amend use requirements related to agriculture, and WHEREAS, the amendments are necessary and desirable to protect the public health, safety, welfare, and environmental resources, provide a consistent regulatory pathway for the cannabis industry consistent with State regulations, foster a healthy, diverse, and economically viable cannabis industry that contributes to the local economy and ensure that environmental,public health, safety and nuisance factors related to both the cannabis industry and agriculture are adequately addressed, and WHEREAS,the Town Board wishes to consider adoption of Local Law No.: of 2022 to: (1) amend §179-2-010, entitled "Definitions and word usage, (2) amend §.179-10-070, entitled Specific Standards," (3) amend Table 2, entitled "Summary of Allowed Uses in Residential Districts," (4) amend Table 3, entitled Summary of Allowed Uses in Commercial Districts," and (5) amend Table 4, entitled "Summary of Allowed Uses in Industrial Districts," and WHEREAS, zoning amendments may be forwarded to the Town Planning Board for recommendations in accordance with §179-15-040 of the Town Zoning Ordinance, and WHEREAS, zoning changes are subject to Warren County Planning Department review in accordance with New York State General Municipal Law §239-m,and WHEREAS, the Town must obtain approval of the Adirondack Park Agency for the proposed Zoning Code amendments prior to adoption, and WHEREAS, the Town of Queensbury proposed amendments comply with and are in furtherance of approval standards contained in §807 of the Adirondack Park Agency Act and 9 NYCRR Part 582 of Agency regulations, and WHEREAS, Municipal Home Rule Law §20 requires the Town Board to hold a public hearing prior to the adoption of any Local Law, NOW, THEREFORE, BE IT RESOLVED, that the Town Board shall meet and hold a Public Hearing at the Queensbury Activities Center, 742 Bay Road, Queensbury at 7:00 p.m. on Monday, November 21", 2022 to hear all interested persons concerning the proposed revisions to the Town's Zoning Code and enactment of "Local Law No.: of 2022 to Amend Chapter 179 "Zoning" Of Queensbury Town Code to Regulate Specific Cannabis Businesses and Amend Use Requirements Related To Agriculture,"and BE TT FURTHER, RESOLVED, that the Town Board authorizes the Community Development Department to forward the proposed Local Law to the Town Planning Board for review and recommendation, and BE IT FURTHER, RESOLVED, that the Town Board authorizes and directs the Town Clerk to submit the proposed Local Law to the Warren County Planning Department for NYS GML §239-m review, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Senior Planner to forward copies of the proposed Zoning Code amendments to the Adirondack Park Agency for its review and approval in accordance with Article 27 of the Executive Law, §807, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Town Clerk to provide the public with at least 10 days prior notice of the Public Hearing by causing a Notice of Public Hearing to be timely published in the Town's official newspaper and by posting the Notice of Public Hearing on the Town's web site and bulletin board at least 10 days before the date of the Public Hearing, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Clerk to send copies of the Notice of Public Hearing, together with copies of the proposed zoning revisions, if required, to any public officials, agencies or municipalities, in accordance with any applicable State Laws or Town Code provisions, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Clerk to make a copy of the proposed zoning revisions available for public inspection during regular business hours of the Clerk's office, and BE IT FURTHER, RESOLVED, that the Town Board authorizes and directs the Town Supervisor, Town Clerk, Director of Planning, Zoning and Code Enforcement, Senior Planner and/or Town Counsel to take such other actions and give such other notice as may be necessary in preparation for the Town Board to lawfully adopt proposed Local Law No.: of2022. Duly adopted this 17 th day of October, 2022, by the following vote: AYES : Mr. Strough,Mr. Metivier,Mr. Ferone,Mr.McNulty NOES : None ABSENT: Mr. Freer LOCAL LAWS&ORDINANCES1Cannabis—Chapter 179—11-21-2022 LOCAL LAW NO.: OF 2022 A LOCAL LAW TO AMEND CHAPTER 179 "ZONING" OF QUEENSBURY TOWN CODE TO REGULATE SPECIFIC CANNABIS BUSINESSES AND AMEND USE REQUIREMENTS RELATED TO AGRICULTURE BE IT ENACTED BY THE TOWN BOARD OF THE TOWN OF QUEENSBURYAS FOLLOWS. Section 1. Intent—The Town Board wishes to amend Chapter 179 of Queensbury Town Code to regulate specific cannabis businesses and amend use requirements related to agriculture. The amendments are necessary and desirable to protect the public health, safety, welfare, and environmental resources, provide a consistent regulatory pathway for the cannabis industry consistent with state regulations, foster a healthy, diverse and economically viable cannabis industry that contributes to the local economy, and ensure that environmental, public health, safety and nuisance factors related to both the cannabis industry and agriculture are adequately addressed. Section 2. Enacting Authority — This local law is enacted pursuant to the New York Municipal Home Rule Law, Section 131 of the New York Cannabis Law, and Chapter 179 of the Code of the Town of Queensbury, as authorized by the New York State Constitution, the New York Municipal Home Rule Law, and other relevant provisions of the Town Law of the State of New York. Section 3. Amendment of Zoning Law — Chapter 179 of the Queensbury Town Code, entitled "Zoning" and known as the "Town of Queensbury Zoning Law" is hereby amended as follows: A. Section 179-2-010, entitled"Definitions and word usage" is amended as follows: Note: Language in bold italics is new language to be added; Language with line ,ka-wt *t,..,,ugh is old language to be deleted. 1 f C. As used in this chapter or in the appendixes thereto, unless the context otherwise requires, the following terms shall have the meanings indicated: AGRICULTURAL RETAIL SALES. A small—scale retail facility for sales of agricultural products grown or raised on the site or other properties owned or leased by the agricultural use operator, and pre packaged goods processed from onsite agricultural production. AGRICULTURAL SERVICE USE: Any storage or processing facility directly and customarily related to an agricultural use. Agricultural Service Use may include an associated agricultural retail sales business. Examples include milk processing, feed storage, crop storage, and crop processing. AGRICULTURAL USE: Any management of any land for agriculture: the raising and keeping of cows, horses, pigs, poultry and/or other livestock; truck gardens; horticulture; silviculture or orchards, including the sale of products grown or raised directly on such land and including the construction, alteration or maintenance of fences, agricultural roads, agricultural drainage systems and farm ponds. Agricultural Use may include greenhouses. CANNABIS BUSINESS, ON SITE CONSUMPTION-A cannabis related business requiring a license from New York State to operate an Adult-use On-Site Consumption business.An on- site consumption license authorizes the acquisition,possession, and sale of cannabis from the licensed premises of the on-site consumption licensee to cannabis consumers for use at the on- site consumption location. CANNABIS BUSINESS,RETAIL:A cannabis related business requiring a license from New York State to operate an Adult-use retail dispensary authorized to acquire, possess, sell and deliver cannabis to consumers COMMERCIAL NURSERY.• A nursery with one or more greenhouses totaling 300 square feet or more of area. GREENHOUSE: A building whose roof and sides are made largely of glass or- other transparent or tfms ueent .,.,ater:.,' „a in which the temperature, lighting and or humidity can be regulated Note: Language in bold italics is new language to be added; Language is old language to be deleted. 2 for the cultivation of de lie ate or etA of season plants for subsequent sale or personal enjoyment. A greenhouse in excess of 300 square feet shall be regulated as a commercial nursery. A greenhouse under 300 square feet shall be considered accessory to a residential use. PARK: A publicly owned tract of land designated and used by the public for active and/or passive recreation. B. Section 179-10-070, entitled"Specific Standards" is amended as follows: Q.Nurseries and Commercial Nurseries. (1)Nurseries must be on lots of at least 10 acres in size. (2) Nurseries shall include a management plan for pesticides, herbicides, and fertilizers. Such plans shall include application, usage, storage, and surface water and groundwater quality protection details. (3) Any Planning Board approval may require annual surface water and groundwater quality testing. EE. On-Site Consumption Cannabis Business & Retail Cannabis Business. On-site Consumption and Retail Cannabis businesses are subject to the New York State Cannabis Law with the following specific standards: (1) Such businesses shall not be located within one thousand five hundred (1,500)feet of any other On-Site Consumption Cannabis Business or Retail Cannabis Business, such distance to be measured horizontally on a straight line from the nearest property line of any other existing On-Site Consumption Cannabis Business or Retail Cannabis Business to the nearest property line of the lot to be occupied by the proposed On-Site Consumption Cannabis Business or Retail Cannabis Business. (2) An On-Site Consumption Cannabis Business or Retail Cannabis Business shall not he located within one thousand (1,000)feet from the following uses, such distance to be measured horizontally on a straight line from the nearest property line of the lot to be Note: Language in bold italics is new language to be added; Language with line drawn thfaugh is old language to be deleted. 3 occupied by the proposed On-Site Consumption Cannabis Business or Retail Cannabis Business. (a) Addiction Treatment Providers certified by the New York State Office of Addiction Services and Support (b) Amusement Center (c) Campground (d) Day-care Center (e) Day-care Home 09 Health-related facility (g) Parks (h) Place of Worship (i) Playground 6) Public or Semi-public building (k) School (1) Pharmacies licensed under Title 8,Article 137, Section 6805 of the New York State Education Law and/or Part 63 of the Rules of the Regents and Regulations of the New York State Commissioner of Education (3) Hours of Operation: On-Site Consumption Cannabis Business or Retail Cannabis Business shall not open before 9AM nor remain open after 9pm Monday through Saturday, and shall not open before 12pm nor remain open after 6pm on Sunday. (4) Lighting and Security: Motion detectors or timers should be considered as part of any lighting plan. Fencing that may be required should include materials and aesthetics that provide security but do not create a negative visual impact. (5) Application requirements. (a) Applicant must submit a plan to ensure compliance with §179-6-030 (Odor) of the zoning code. (6) All special use permits issued under this Subsection shall contain a condition: that the Retail Cannabis Business or On Site Consumption Cannabis Business shall not operate, and the special use permit shall not be valid, until the applicant has obtained Note: Language in bold italics is new language to be added; Language with line 4r-a.,,, *h,.,,., is old language to be deleted. 4 all licenses and permits issued by the State of New York and any of its regencies for the dispensary. (7) A special use permit granted tinder this Subsection shall have a term limited to the duration of the applicant's use of the premises as a Retail Cannabis Business or On- Site Consumption Cannabis Business. A special use permit may be transferred only with the approval of the Planning Board in the form of an amendment to the special use permit. (8) Revocation of Special Use Permit. (a) Any violation of this Subsection shall be grounds for revocation of a special use permit issued tinder this Subsection. (b) Revocation or expiration of a license by New York State shall be grounds for revocation of the special use permit. FF. Agricultural Service Use (1) All special use permits issued under this Subsection shall contain a condition that the use shall not operate, and the special use permit shall not be valid, until the applicant has obtained any licenses and permits rewired by the State of New York and any of its agencies for such use.. (2) Revocation of Special Use Permit. (c) Any violation of this Subsection shall be grounds for revocation of a special use permit issued under this Subsection. (d) Revocation or expiration of any license that may be required by New York State for the Agricultural Service Use shall be grounds for revocation of the special use permit. (3) A special use permit granted under this Subsection shall have a term limited to the duration of the applicant's ownership and use of the premises as an agricultural services use. A special use permit may be transferred only with the approval of the Planning Board in the form of an amendment to the special use permit. (4) Application requirements. Nate: Language in bold italics is new language to be added; Language with line dr-a.•., thfpugh is old language to be deleted. 5 (a) Applicant must submit a plan to ensure compliance with §179-6-030 (Odor) of the zoning code. C. Table 2, entitled "Summary of Allowed Uses in Residential Districts" is amended as follows: Land Moderate Density Neighborhood Parkland Rural Waterfront Conservation Residential Residential Recreation Residential Residential Residential Use LC-10 PR-10 RR-3 Table LC-42 MDR NR PR-42 RR-5 WR Agfieuftural &P-R SPR sep4e k-eta4 Agricultural Retail SPR sales SPR D. Table 3, entitled "Summary of Allowed Uses in Commercial Districts" is amended as follows: Commercial Commercial Commercial Enclosed Main Neighborhood Moderate Intensive Intensive— Shopping Street Commercial Office Recreation Commercial Commercial Exit 18 Center Use Table CM CI CI-I8 ESC NIS NC O RC <600 feet >600 feet from arterial from arterial Cannabis business,on-site SUP consumption Cannabis SUP business,retail E. Table 4, entitled "Summary of Allowed Uses in Industrial Districts" is amended as follows: Veteran's Field Commercial Light Heavy Light Industrial Industrial Industrial Industrial Use Table VF-LI CLI HI Agricultural service use S SUP Commercial Nursery SUP Note: Language in bold italics is new language to be added, Language withline ,a,..,...., flff u is old language to be deleted. 6 Section 3. Severability — The invalidity of any clause, sentence, paragraph or provision of this Local Law shall not invalidate any other clause, sentence, paragraph or part thereof. Section 4. Repealer — All Local Laws or Ordinances or parts of Local Laws or Ordinances in conflict with any part of this Local Law are hereby repealed. In particular, this Local Law is specifically intended to supersede the amended provisions of the current Town of Queensbury Zoning Law. Section 5. Effective Date—This Local Law shall take effect upon filing by the office of the New York State Secretary of State or as otherwise provided by law. Note: Language in bold italics is new language to be added; Language with line drawn 4&-eug is old language to be deleted. 7 Full Environmental Assessment Form Part I-Project and Setting Instructions for Completing Part I Part I is to be completed by the applicant or project sponsor. Responses become part of the application for approval or funding, are subject to public review,and may be subject to further verification. Complete Part I based on information currently available. If additional research or investigation would be needed to fully respond to any item,please answer as thoroughly as possible based on current information; indicate whether missing information does not exist, or is not reasonably available to the sponsor;and,when possible,generally describe work or studies which would be necessary to update or fully develop that information. Applicants/sponsors must complete all items in Sections A&B. In Sections C,D&E,most items contain an initial question that must be answered either"Yes"or"No". If the answer to the initial question is"Yes",complete the sub-questions that follow. If the answer to the initial question is"No",proceed to the next question. Section F allows the project sponsor to identify and attach any additional information. Section G requires the name and signature of the applicant or project sponsor to verify that the information contained in Part I is accurate and complete. A. Project and Applicant/Sponsor Information. Name of Action or Project: Adoption of LL of 2022 to amend Chapter 179"Zoning of Town Code Project Location(describe,and attach a general location map): Town of Queensbury(town-wide) Brief Description of Proposed Action(include purpose or need): The Town Board wishes to amend Chapter 179 of Queensbury Town Code to regulate specific cannabis businesses and amend use requirements related to agriculture. The amendments are necessary and desirable to protect the public health,safety,welfare,and environmental resources,provide a consistent regulatory pathway for the cannabis industry consistent with state regulations,foster a healthy,diverse and economically viable cannabis industry that contributes to the local economy,and ensure that environmental,public health,safety and nuisance factors related to both the cannabis industry and agriculture are adequately addressed. The proposal local law would amend Section 179-2-0101(Definitions and word usage),Section 179-10-070(Specific Standards)and Tables 2,3&4 of Chapter 179 of Queensbury Town Code. Name of Applicant/Sponsor: Telephone:518-761-8229 Town Board,Town of Queensbury E-Mail:qbysupervisor@queensbury.net Address:742 Bay Road City/PO:Queensbury State:NY Zip Code:12804 Project Contact(if not same as sponsor;give name and title/role): Telephone:518-761-8222 Stuart G.Baker,Senior Planner E-Mail:stuartb@queensbury.net Address: same City/PO: State: Zip Code: Property Owner (if not same as sponsor): Telephone: E-Mail: Address: City/PO: State: Zip Code: Page I of 13 FEAF 2019 B.Government Approvals B.Government Approvals,Funding,or Sponsorship. ("Funding"includes grants,loans,tax relief,and any other forms of financial assistance.) Government Entity If Yes: Identify Agency and Approvals) Application Date Required (Actual or projected) a.City Council,Town Board, OYesE]No Adoption of Local Law by Town Board November 2022 or Village Board of Trustees b.City,Town or Village E]Yes[:]No Planning Board or Commission c.City,Town or r­lYesF_1No —Village Zoning Board of Appeals d.Other local agencies rJYesMNo e.County agencies [Z]YesE]No NYS GML 239-m review November 2022 f Regional agencies E:]YesE:]No g.State agencies OYesONO Adirondack Park Agency November 2022 h.Federal agencies OYesE:]No i. Coastal Resources. i. Is the project site within a Coastal Area,or the waterfront area of a Designated Inland Waterway? MYesONo H. Is the project site located in a community with an approved Local Waterfront Revitalization Program? 171 YesVINo iii. Is the project site within a Coastal Erosion Hazard Area? E3 YesONo 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 OYesE]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 I C.2.Adopted land use plans. a.Do any municipally-adopted (city,town,village or county)comprehensive land use plan(s)include the site EZ]YesE]No where the proposed action would be located? If Yes,does the comprehensive plan include specific recommendations for the site where the proposed action E]Yes[Z]No would be located? b.Is the site of the proposed action within any local or regional special planning district(for example:Greenway;' E]YesONo 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, EZ]YesE:]No or an adopted municipal farmland protection plan? If Yes,identify the plan(s): 2003 Town of Queensbury Open Space Vision Plan Page 2 of 13 C.3. Zoning a. Is the site of the proposed action located in a municipality with an adopted zoning law or ordinance. OYesONo If Yes,what is the zoning classification(s)including any applicable overlay district? Proposed action would amend permitted uses in the Commercial Intensive,Commercial Light Industrial,Land Conservation and Rural Residential zoning districts b. Is the use permitted or allowed by a special or conditional use permit? OYesF]No c. Is a zoning change requested as part of the proposed action? OYesr]No If Yes, i.. What is the proposed new zoning for the site? The proposal local law would amend multiple sections of the Zoning Code. CA.Existing community services. a. In what school district is the project site located? Lake George,Queensbury,Glens Falls&Hudson Falls school districts b.What police or other public protection forces serve the project site? Warren County Sheriffs Department,NYS Police c.Which fire protection and emergency medical services serve the project site? Bay Ridge,No.Q'bury,Q'bury Central,So.Q'bury&West Glens Falls fire districts:Bay Ridge,No.Queensbury&West Glens Falls EMS districts d.What parks serve the project site? All NYS.Warren County and Town of Queensbury parks D. Project Details D.I.Proposed and Potential Development a.What is the general nature of the proposed action(e.g.,residential,industrial,commercial,recreational; if mixed,include all components)? b.a.Total acreage of the site of the proposed action? acres b.Total acreage to be physically disturbed? acres c.Total acreage(project site and any contiguous properties)owned or controlled by the applicant or project sponsor? acres c. Is the proposed action an expansion of an existing project or use? 0 Yes[--]No i. If Yes,what is the approximate percentage of the proposed expansion and identify the units(e.g.,acres,miles,housing,units, square feet)? % Units: d. Is the proposed action a subdivision,or does it include a subdivision? OYes FINo If Yes, i. Purpose or type of subdivision?(e.g.,residential,industrial,commercial;if mixed,specify types) i.i.. Is a cluster/conservation layout proposed? OYes ONo iii. Number of lots proposed? i.v. Minimum and maximum proposed lot sizes? Minimum Maximum e.Will the proposed action be constructed in multiple phases? E]Yes[]No L If No,anticipated period of construction: 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 Family Three Family Multiple Family four or more Initial Phase At completion of all phases g.Does the proposed action include new non-residential construction(including expansions)? ❑YesE]No If Yes, f.Total number of structures ii. Dimensions(in feet)of largest proposed structure: height; width, and length X. 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: ❑Ground water❑Surface water streams ❑Other specify: iii. 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? ❑YesONo (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? ❑YesONo If yes,describe. v. What is the total area to be dredged or excavated? acres vi. What is the maximum area to be worked at any one time? acres vii. What would be the maximum depth of excavation or dredging? feet viii. Will the excavation require blasting? QYesONo 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 []YesnNo 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 H. Describe how 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? ❑YesE]No If Yes,describe: iv. Will the proposed action cause or result in the destruction or removal of aquatic vegetation? ❑Yes❑No 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? ❑Yes QNo If Yes: i.Total anticipated water usage/demand per day: gallons/day H. Will the proposed action obtain water from an existing public water supply? ❑Yes❑No If Yes: • Name of district or service area: • Does the existing public water supply have capacity to serve the proposal? ❑Yes❑No • Is the project site in the existing district? ❑Yes❑No • Is expansion of the district needed? ❑Yes[--]No • Do existing lines serve the project site? ❑Yes❑No W. Will line extension within an existing district be necessary to supply the project? ❑Yes ONo 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? ❑ YesE]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? ❑Yes❑No If Yes: i. Total anticipated liquid waste generation per day: gallons/day ii. Nature of liquid wastes to be generated(e.g.,sanitary wastewater,industrial;if combination,describe all components and approximate volumes or proportions of each): iii. Will the proposed action use any existing public wastewater treatment facilities? ❑Yes❑No If Yes: « Name of wastewater treatment plant to be used: • Name of district: • Does the existing wastewater treatment plant have capacity to serve the project? ❑Yes❑No • Is the project site in the existing district? ❑Yes❑No • Is expansion of the district needed? ❑Yes❑No Page 5 of 13 • Do existing sewer lines serve the project site? ❑Yes[]No • Will a line extension within an existing district be necessary to serve the project? ❑Yes❑No If Yes: • Describe extensions or capacity expansions proposed to serve this project: iv. Will a new wastewater(sewage)treatment district be formed to serve the project site? ❑Yes❑No If Yes: • Applicant/sponsor for new district: • Date application submitted or anticipated: • What is the receiving water for the wastewater discharge? v. If public facilities will not be used,describe plans to provide wastewater treatment for the project,including specifying proposed receiving water(name and classification if surface discharge or describe subsurface disposal plans): vi. Describe any plans or designs to capture,recycle or reuse liquid waste: e.Will the proposed action disturb more than one acre and create stormwater runoff,either from new point ❑Yes❑No sources(i.e.ditches,pipes,swales,curbs,gutters or other concentrated flows of stormwater)or non-point source(i.e.sheet flow)during construction or post construction? If Yes: i. How much impervious surface will the project create in relation to total size of project parcel? Square feet or acres(impervious surface) Square feet or acres(parcel size) ii. Describe types of new point sources. 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)? • If to surface waters, identify receiving water bodies or wetlands: • Will stormwater runoff flow to adjacent properties? ❑Yes❑No iv. Does the proposed plan minimize impervious surfaces,use pervious materials or collect and re-use stormwater? ❑Yes❑No f. Does the proposed action include,or will it use on-site,one or more sources of air emissions,including fuel ❑Yes❑No combustion,waste incineration,or other processes or operations? If Yes, identify: i.Mobile sources during project operations(e.g.,heavy equipment,fleet or delivery vehicles) ii. Stationary sources during construction(e.g.,power generation,structural heating,batch plant,crushers) iii. Stationary sources during operations(e.g.,process emissions, large boilers,electric generation) g.Will any air emission sources named in D.2.f(above),require a NY State Air Registration,Air Facility Permit, ❑Yes❑No or Federal Clean Air Act Title IV or Title V Permit? If Yes: i. Is the project site located in an Air quality non-attainment area? (Area routinely or periodically fails to meet ❑Yes❑No ambient air quality standards for all or some parts of the year) ii. In addition to emissions as calculated in the application,the project will generate: • Tons/year(short tons)of Carbon Dioxide(CO,) • Tons/year(short tons)of Nitrous Oxide(N,O) • Tons/year(short tons)of Perfluorocarbons(PFCs) • Tons/year(short tons)of Sulfur Hexafluoride(SF6) • Tons/year(short tons)of Carbon Dioxide equivalent of Hydroflourocarbons(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, ❑YesONo 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 E]YesONo quarry or landfill operations? If Yes: Describe operations and nature of emissions(e.g.,diesel exhaust,rock particulates/dust): j.Will the proposed action result in a substantial increase in traffic above present levels or generate substantial E]YesONo 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 ii. 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 increase/decrease iv.Does the proposed action include any shared use parking? E]YesF]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 I mile of the proposed site? E]YesONo vii Will the proposed action include access to public transportation or accommodations for use of hybrid,electric E]YesONo or other alternative fueled vehicles? viii.Will the proposed action include plans for pedestrian or bicycle accommodations for connections to existing []YesQNo pedestrian or bicycle routes? k. Will the proposed action(for commercial or industrial projects only)generate new or additional demand ❑YesQNo for energy? If Yes: i. Estimate annual electricity demand during operation of the proposed action: ii. Anticipated sources/suppliers of electricity for the project(e.g.,on-site combustion,on-site renewable,via grid/local utility,or other): iii. Will the proposed action require a new,or an upgrade,to an existing substation? [(Yes[]No I.Hours of operation. Answer all items which apply. i. During Construction: ii. During Operations: • Monday-Friday: • Monday-Friday: • 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, E]Yes[]No Page 8of |3 s.Does the proposed action include construction or modification of a solid waste management facility? ❑Yes❑ No If Yes: i. Type of management or handling of waste proposed for the site(e.g.,recycling or transfer station,composting,landfill,or other disposal activities): ii. Anticipated rate of disposal/processing: • Tons/month,if transfer or other non-combustion/thermal treatment,or • Tons/hour,if combustion or thermal treatment iff. If landfill,anticipated site life: years t.Will the proposed action at the site involve the commercial generation,treatment,storage,or disposal of hazardous E]YesoNo waste? If Yes: i. Name(s)of all hazardous wastes or constituents to be generated,handled or managed at facility: ii. Generally describe processes or activities involving hazardous wastes or constituents: iii. Specify amount to be handled or generated tons/month iv. Describe any proposals for on-site minimization,recycling or reuse of hazardous constituents: v. Will any hazardous wastes be disposed at an existing offsite hazardous waste facility? E]YesE]No If Yes:provide name and location of facility: If No:describe proposed management of any hazardous wastes which will not be sent to a hazardous waste facility: E.Site and Setting of Proposed Action E.I.Land uses on and surrounding the project site a.Existing land uses. i. Check all uses that occur on,adjoining and near the project site. ❑ Urban ❑ Industrial ❑ Commercial ❑ Residential(suburban) ❑ Rural(non-farm) ❑ Forest ❑ Agriculture ❑ Aquatic ❑ Other(specify): 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 • 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 * v. Is the project site subject to an institutional control limiting property uses? 0 YesF-1No � m. Identify the predominant wildlife species that occupy or use the project site: n. Does the project site contain a designated significant natural community? ❑Yes❑No 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+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: i. Species and listing(endangered or threatened): p. Does the project site contain any species of plant or animal that is listed by NYS as rare,or as a species of Yes❑No special concern? If Yes: i. Species and listing: q.Is the project site or adjoining area currently used for hunting,trapping,fishing or shell fishing? (QYesQNo 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 U. Provide brief description of landmark,including values behind designation and approximate size/extent: d. Is the project site located in or does it adjoin a state listed Critical Environmental Area? ❑Yes❑No If Yes: i. CEA name: H. 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 ❑YesEl No which is listed on the National or State Register of Historic Places,or that has been determined by the Commissioner of the NYS Office of Parks,Recreation and Historic Preservation to be eligible for listing on the State Register of Historic Places? If Yes: , i. Nature of historic/archaeological resource: ❑Archaeological Site ❑Historic Building or District ii. 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 ❑YesQNo 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? ❑YesQNo If Yes: i.Describe possible resource(s): U Basis for identification: h.Is the project site within fives miles of any officially designated and publicly accessible federal,state,or local ❑YesQNo scenic or aesthetic resource? If Yes: i. Identify resource: ii. Nature of,or basis for,designation(e.g.,established highway overlook,state or local park,state historic trail,or scenic byway, etc.): ii i. Distance between project and resource: miles. i. Is the project site located within a designated river corridor under the Wild,Scenic and Recreational Rivers El YesE]No Program 6 NYCRR 666? If Yes: i. Identify the name of the river and its designation: U. Is the activity consistent with development restrictions contained in 6NYCRR Part 666? ❑Yes[]No F.Additional Information Attach any additional information which may be needed to clarify your project. If you have identified any adverse impacts which could be associated with your proposal,please describe those impacts plus any measures which you propose to avoid or minimize them. G. Verification I certify that the information provided is true to the best of my knowledge. Applicant/Sponsor Name Town Board,Town of Queensbury Date Signature Title Town Supervisor PRINT FORM Page 13 of 13